Understanding Holographic Wills and Their Limitations
When a loved one passes away, one of the first questions family members often ask is whether the deceased left a valid will. In some cases, they may discover a handwritten document outlining the person’s final wishes. But does a handwritten will—also known as a “holographic will”—hold up in court in Kansas or Missouri? The answer depends on where you live and how the document was prepared.
What Is a Holographic Will?
A holographic will is a will that is entirely written by hand by the person making it (the “testator”) and usually lacks the formalities of a typewritten document, such as notarization or witnessed signatures. These wills are often created in emergencies or when the testator is trying to quickly put their intentions in writing without legal help.
While some states recognize holographic wills as valid, Kansas and Missouri have different rules.
Holographic Wills in Kansas
Kansas does not recognize holographic wills unless they are executed in compliance with state laws governing wills. Under Kansas law, a will must be:
- In writing;
- Signed by the testator (or by someone else at the testator’s direction and in their presence); and
- Signed by at least two witnesses , who must also sign the will in the testator’s presence.
This means that simply writing out your wishes in your own handwriting is not enough in Kansas. Even if the content of the will is clear, if it wasn’t properly witnessed, it is likely to be deemed invalid by the probate court.
There is one exception: if a handwritten will was validly executed in another state that does recognize holographic wills, Kansas may honor it under the principle of foreign wills. However, this can complicate probate and lead to legal challenges.
Holographic Wills in Missouri
Missouri law is similarly strict. Missouri does not recognize holographic wills unless they meet the standard requirements for will execution:
- The will must be in writing;
- Signed by the testator; and
- Witnessed by two competent witnesses who sign in the presence of the testator.
Like Kansas, Missouri may honor a holographic will that was validly executed under the laws of another state where the testator was domiciled at the time.
The Risks of Handwritten Wills
Even in states that accept holographic wills, they are frequently challenged in court. Common issues include:
- Unclear language or instructions
- Lack of required signatures or witnesses
- Disputes among heirs
- Questions about the testator’s capacity or intent
In Kansas and Missouri, the risk is even higher since these wills are not generally considered valid.
Why Formal Estate Planning Matters
If you want to ensure that your wishes are honored and that your family avoids costly legal disputes, it’s best to work with an experienced estate planning attorney. A properly drafted will or trust not only meets legal standards but also provides clarity and peace of mind for your loved ones.
Bottom line: In both Kansas and Missouri, a handwritten will is likely to be invalid unless it complies with strict witnessing requirements. Don’t leave your estate to chance—get the legal guidance you need today.