Alma was suffering from a terminal disease. Because she distrusted attorneys, she wrote a statement in her own handwriting, labeling it "My Last Will and Testament." The statement contained a provision specifying that Alma wanted all of her property to go to her church upon her death. She signed the statement and stored it in her jewelry box, and she told her friend Willa of its location. When Alma died, Willa produced Alma's statement. Willa is now attempting to have the statement admitted to probate as Alma's will. Alma's grown children claim that Alma died intestate and that they should inherit her property. In this scenario, _____.

Question

Quizplus · Accepted Answer

Under the given circumstances, the church will inherit Alma's property if Alma's state recognizes holographic wills. For a holographic will to be valid in the states that recognize them, it must evidence testamentary intent and must actually be handwritten by the testator. A typed holographic will would be invalid.

Alma Was Suffering from a Terminal Disease