Holographic will one that is written entirely in the testator s handwriting and signed by the testator, but not witnessed by attesting witnesses. Some states permit nuncupative wills only under limited circumstances. These requirements vary from state to state, typically, a person must be 18 years of age or older. A will is valid only if the decedent had testamentary capacity at the time of its making. A person who has been adjudicates insane or for whom a guardian does not necessarily lack testamentary capacity.
Most courts presume that the decedent had testamentary capacity.
The burden of introducing evidence lies with the party alleging the fact. There are usually six formal requisites that must be satisfied in order to validly execute a will. The testator must sign at the end of the will. Two attesting witnesses are required The witness must sign in the testator s presence The witnesses must sign in the presence of each other. Sometimes a will consists of multiple pages, documents, or instructions.