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Colorado is a state that allows for handwritten wills, known as holographic wills. Therefore, as a resident of Colorado, this is one option that you can consider when writing your own will or helping someone else write theirs.
The definition given by Legal Dictionary states that a holographic will is a will that is handwritten by the testator. However, because this method of writing a will has the potential to be fraudulent, there are many different rules and regulations that apply to holographic wills on both a state and national level. For example, some states don’t consider holographic wills to be valid at all.
In any case, there are three different minimal requirements that absolutely must be met in order for a holographic will to be considered valid in any state that accepts them. This includes proof that the writer of the will was in a viable mental state to actually write it. In short, they have to understand what they were doing when they wrote and signed the will. Second, the will has to include how the writer wants to distribute property to beneficiaries.
Finally, there must be proof that the testator actually wrote the will. If you cannot provide this, then the chances of it being fraudulent are higher and therefore it is not considered valid. Holographic wills don’t need to be notarized or witnessed, though, as long as it is handwritten. Typed wills must have a witness.
Making sure you hit all of the necessary requirements is vital for this type of will. However, it is just as valid as any other types in Colorado as long as it’s done correctly.