However, a handwritten will that is signed by the testator and not witnessed by anyone may not be valid in Pennsylvania (these wills are also known as “holographic wills.”) Pennsylvania courts have an interest in ensuring that a will was not forged by an individual who wants to take advantage of the decedent’s estate. Pennsylvania does not have a requirement that a will must be witnessed.
In Pennsylvania, the validity of a handwritten will can depend upon a few different factors. Many will contests begin because a family member or close friend believes the testator did not possess a sound mind when they executed their will. This means that the testator should understand all of the property she can convey and know all of the people or organizations that she will convey her property to. Additionally, the testator should be 18 years of age and must possess a “sound mind” when executing their will.
DOES A WILL HAVE TO BE NOTARIZED IN PA CODE
The code does not make a distinction between wills that are handwritten or wills that are typed. If the testator writes any additional words after their signature, it will not affect portions of the will written above their signature. Pennsylvania state code section 2502 states that a will should be “in writing” and that the creator of the will (the “testator”) should sign their will at the end of the document. Before discussing how a handwritten will can be legal in Pennsylvania, you should know the legal requirements for creating a will. In Pennsylvania, a handwritten will is legal under certain circumstances. When is a Handwritten Will Legal in Pennsylvania?Ī will is a legal document that states the wishes the decedent has for their estate after they pass away. Our lawyers are here to explain the legality of handwritten wills in Pennsylvania. At Herr Potts and Potts, our lawyers are here to help you reach your estate planning goals to provide for your family. If you or a family member must know if a handwritten will is valid in Pennsylvania, you should speak with an experienced Pennsylvania estate planning lawyer. Therefore, if tragedy suddenly strikes, it is understandable to wonder if a handwritten will is enough to pass on your estate to your family. However, not everyone has set aside time to take inventory of all of their assets and to prepare for it to be passed onto their family. A will allows you to continue to provide for your family once you have passed away. A will is an invaluable tool that can be used to help plan your estate.
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