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Old 07-26-2006, 11:59 AM   #8
Moonliner
8/30/14 - Disneyland -10k or Bust.
 
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Quote:
Originally Posted by Not Afraid
My Mom had a will and a trust which was supposidly not contestable. However, because she made a holographic codicil, it became contestable - or the slut attorney made a successful bid at contesting.

What she thought was iron-clad became jello.
I'm sure NA already knows all of this, but for anyone else that's interested...

Quote:
Originally Posted by Smart Lawyer Type

A will written entirely in the handwriting of the Testator is called a "Holographic Will". Thus, a single piece of paper that says nothing more than "This is my last Will. I give all that I own at my death to XXXXX", and that is dated and signed, is sufficient to be a valid Will. However, if any part of this writing is not in Testator's own handwriting, it will be held invalid. In addition, upon Probate of the holographic will, the court will require proof of a person familiar with the Testator's signature to proof the genuineness of the document. A holographic will does not have to be witnessed.
In NA's case I'd guess that the Evil one argued that it was NOT her moms signature.
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