does a will have to be notarized in missouri

Holographic wills are valid in the state of Missouri if they meet the requirements. How Will You Prepare for the Best Outcome?

They want their assets to be preserved and maximized in light of long-term care expenses.

They want to avoid the expense and hassle of probate.

They want the assurance that their wishes will be carried out and their family will be taken care of.

No matter their economic status, the clients we serve tell us they want three basic things: No Substitute for Proper Estate PlanningĮstate Planning is about both preserving and properly distributing wealth. And, because they’re rarely updated, they fail to cover changing conditions related to assets or family relationships. Some of the most common shortcomings of holographic wills relate to ambiguities, errors, and a failure to name an executor, guardians, or contingent beneficiaries. Family members then have to deal with the consequences. Unfortunately, when mistakes are made with handwritten wills, they’re not discovered until it’s too late. They are much more easily challenged in court than properly crafted estate planning documents.

The testator’s signature must be witnessed by two people who sign in the testator’s presence.Īs simple as they are, holographic wills are open to conflict.

The testator must be over 18 years old.

The third point is not required by several states. In fact, handwritten wills must follow the same guidelines as typewritten documents. Here in the Show-Me State, the requirements are more robust. Missouri’s Requirements for a Proper Holographic Willĭespite their shortcomings, Missouri accepts holographic wills. Other states require the entire document to be in the individual’s hand. In many states, for example, the “material portion,” or most impactful sections of the will must be in the testator’s own handwriting. Those are the basic requirements, but other details differ from one state to another. The handwritten will must be signed by the individual in their normal signature. In its simplest form, the requirements are very minimal.

They’re sometimes completed in haste, with little planning. It’s the simplest instrument possible used to make the individual’s wishes known. What is a Holographic Will?Ī holographic will is one that has been handwritten by the person to whom the will applies, otherwise known as the testator. If your goal is to plan well, take care of your family, and enjoy the peace of mind that comes from proper planning, there’s no substitute for working with an estate planning specialist. But, even when executed well, their shortcomings often create problems for remaining family members. In a pinch, they are better than nothing. In our view, this aspect of Missouri law serves its citizens well.

Missouri is one of several states that does not accept the simplest version of holographic wills. Side note: as a rule, estate planning documents should be reviewed when moving across state lines. At the end of our discussion Allen decided to complete and fund a proper estate plan. We talked with Allen about his wishes, his goals, and the shortcomings of holographic wills in general. For several reasons, however, we do not recommend them. Holographic wills are valid in Missouri, but only when they meet the same requirements as typewritten wills.

He then asked whether they are advisable. Having come from a state where they are commonly accepted, he wondered whether his simple, handwritten document would be valid here in Missouri. A new client, Allen, recently asked about holographic wills.

Does a will have to be notarized in missouri