Are Holographic Wills Legally A Thing In Montana?

Getting things in order for your ultimate departure such as wills can be a daunting thing to even think about if you are not towards that end of your life, but it's something to consider when estate planning because you never know whats going to happen.

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Until recently, I myself had no idea what a "Holographic Will" is. If you were to quiz me on that at random, I probably would've guessed it had to do something with Star Wars or holographic images, but I'm way off on the actual definition.

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A holographic will according to Cornell Law is an unattested will that is written and signed in the testator’s own handwriting.

They are unique in the fact that normal wills need something called an attestation requirement, which is a fancy legal term according to Cornell Law stating that wills have to be witnessed in order to be valid and most states require more than one witness.

With a holographic will, no witness is needed.

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In Montana, the holographic will is totally legal.

There are codes put in place in our fine state for last will and testaments, the holographic will is included.

According to Montana Code 72-2-522. Execution -- witnessed wills -- holographic wills.

(1) Except as provided in 72-2-523, 72-2-526, 72-2-533, and subsection (2) of this section, a will must be:

-in writing

-signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction.

-signed by at least two individuals, each of whom signed within a reasonable time after having witnessed either the signing of the will as described in subsection (1)(b) or the testator's acknowledgment of that signature or acknowledgment of the will.

- (2) A will that does not comply with subsection (1) is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.  

- (3) Intent that the document constitute the testator's will may be established by extrinsic evidence, including, for holographic wills, portions of the document that are not in the testator's handwriting.  

It may be a good idea to have a regular old will to help delegate you last wishes, but if handwritten is your route for everything, do more research into holographic wills.