From: mwhhlaw!tim (Timothy E. Hollingsworth)
Subject: Re: need advice for simple will
Reply-To: uunet!mwhhlaw!tim
Organization: Martin Wade Hartley & Hollingsworth
Date: Mon, 28 Sep 1992 13:09:40 GMT

In article <1992Sep27.140332.18022@athena.mit.edu> wdstarr@athena.mit.edu  
(William December Starr) writes:
> 
> In article <BDsPRB1w165w@netlink.cts.com>, 
> gregb@netlink.cts.com (Greg Beron) said:
> 
> > > I would like to have a very simple will drawn up that will simply
> > > state that if I die, everything goes to a certain person.  What
> > > steps Would a hand written, notarized letter suffice?
> >
> > In MOST states, a signed, handwritten document (a letter),
> > expressing testamentary intent ("this is my will") is sufficient.
> > Appointing an executor, attorney, etc. is useful, but not necessary.
> > Dating the document is necessary in some, but not all, states.
> 
> I echo what Greg said about the requirements varying from state to
> state.  I also agree with his "in general" comments, and I'd add that:
> 
> (1) dating the document is _very_ strongly recommended, especially if
> you have any earlier wills floating around out there;
> 
> (2) you should number every page so that there won't later be any
> suspicion that a page is missing;
> 
> (3) no matter how good your penmanship is, typing the document rather
> than hand-writing it would probably be easier on a lot of people's
> nerves and eyesight, especially if it's challenged (reason: once a
> matter falls into the hands of the courts and lawyers, documents tend
> to get xeroxed and re-xeroxed a lot, with a lot of loss of print
> quality... a typed document will generally survive this process better
> than a hand-written one, thereby cutting down on one potential cause
> of delay in the final adjudication.);
> 
> (4) you should have your act of signing the last page of the document
> (and of signing or initialing _every_ page) witnessed by at _least_
> two people;
> 
> (5) it can't hurt to do the signing/witnessing before a notary public;
> and
> 
> (6) you should keep at least one copy, probably the original, in a
> place where it will be easily found by your survivors (a safety
> deposit box is always good, if you have one).
> 
> About witnessing: again, state laws vary, but I know from a bit of
> research that I did on one of my legal co-op jobs that the
> Massachusetts requirement is that the signing be witnessed by at least
> two people _who are not beneficiaries of your will_.  The case I was
> doing research for involved a will by which a man left his house to
> one of his daughters.  Since his signing was witnessed only by a
> neighbor and the daughter who was to inherit the house, it was invalid
> under Mass. laws.<*>
> 
> <*>Interestingly enough, though, if no other, valid, will could be
>    found and the man was therefore ruled to have died intestate, it
>    would have been up to the Probate Court to decide how to distribute
>    his estate...  and in those court hearings, that not-a-legal-will
>    document _could_ be cited by the daughter as being indicative of
>    the wishes of the deceased, provided it survived challenges under
>    the Mass. rules of evidence.
> 
> The moral of the story is that you should get a few people (I'd
> offhandedly recommend _at least_ three, just to be safe) who know you
> but aren't mentioned in the will to witness your signing (this is the
> sort of thing that God invented co-workers for).  They don't
> themselves necessarily have to read the document; it will probably
> suffice that they be able to testify in court later that "yes, that's
> the bundle of papers that I saw John Smith read and sign in my
> presence."  (Don't forget to have your witnesses themselves sign the
> last page of the document under a "As Witnessed By..." heading.  Have
> them also print their names and addresses so that your heirs will be
> able to track them down in they need to.)
> 
> In any event, the steps I described above are pretty easy to carry out
> (how much effort does it take to put a date and page number on every
> page?) and should greatly enhance the chances of having the probate
> courts view the document as either (a) legally binding or (b) if not
> technically legally binding, at least very persuasive with regards to
> showing the court what your wishes were.

All of the forgoing seems to me to be dangerous advice in a highly technical  
area.
A will is either valid or nothing.
In some very strange cases an invalid will has been used to clear-up an
ambiguity in a valid will.  This is the rare, rare exception.
The original inquiry, I think, was addressed at the concept of holograph wills.
Even if accepted in a particular state (I have not reviewed each states's law)
the usual requirment is that a holgraphic will be entirely handwritten.
Once typed (to be easier to read!) the will is no longer handwritten.
I guess I am saying that the less than $100 fee that might be charged
by a local lawyer for this job could be a bargin in the long run.

--
Tim Hollingsworth
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