The do-it-yourself handwritten (“holographic”) will has its place but it does have a multitude of hidden traps for the unwary and so should not be taken as the “go to” approach.

I say “hidden traps” because handwritten wills are written by non-attorneys who, for one reason or another, are unable or unwilling to go to an attorney to get a professionally drafted will.

That said, given that handwritten wills are being used it is good to know what issues to look out for.

Does the will include a so-called “residuary clause”? Some handwritten wills speak only to specific gifts of real and personal property and do not say anything about who inherits the “rest of the estate.”

That is a major oversight. What that means is that the will of the testator (will maker) is only partially sufficient and that the testator is therefore only partially testate, and also partially intestate.

That is, whatever assets are not specifically addressed (as to distribution) goes to the testator’s heirs by intestacy (dying without a will). That is right. A decedent in that situation would die partially testate and partially intestate.

The lesson here is make sure that the will says who inherits the rest of the decedent’s real and personal assets.

Does the will have a disinheritance clause? If the testator wishes to disinherit any of his or her heirs (typically the testator’s children) then the will should expressly disinherit these persons, and maybe even the children of these disinherited persons.

An attorney-drafted will has a comprehensive disinheritance clause that expressly disinherits all the testators’ heirs who are not otherwise named as a beneficiary under the will.

Does the will provide for alternative beneficiaries? What happens to bequests (gifts under a will) made to a beneficiary who fails to survive the testator? Attorney-drafted wills speak to such situations.

Does the will have a “no contest” clause? If the testator wants to dissuade a disgruntled beneficiary from contesting the will, then a well drafted “no contest” clause may discourage that beneficiary from disputing the will in order to avoid losing whatever gift(s) are made to that beneficiary.

Naturally, if someone gets nothing or too little under the will then a “no contest” clause is ineffectual as there is nothing to lose except attorney fees and court costs.

Does the will waive the bond requirement? Many people are unaware that personal representatives of an estate are required to post a bond in the amount of the assets in the estate. Most attorney-drafted wills expressly waive the bond requirement.

Most all do-it-yourself handwritten wills, however, are silent (due to the testator’s not knowing) and thus do not waive the bond requirement. If the will nominates a person who is unable to pay for the bond, or is simply not bondable because of their income, net worth and/or credit rating, then that person will likely have to decline the nomination.

Does the will nominate an executor and alternative executors who are willing and able to serve? Some handwritten wills do not even nominate an executor. Other handwritten wills nominate only one person and that person may or may not be agreeable to serve. A will should nominate one or two alternative persons to serve as executor.

Does the will consent to the executor having full independent powers of administration? Full independent powers of administration make the sale of real and personal assets less expensive and time consuming insofar as the legal process is concerned. Most attorney-drafted wills expressly provide for the executor to have full independent powers of administration.

Handwritten wills are commonly used by persons going on vacation or by persons near death (e.g., on their death bed). It offers an immediate and easy solution to estate planning. When possible, however, see an attorney and get a professionally drafted will or living trust to achieve a better outcome.

The foregoing is not legal advice.  Consult a qualified estate planning attorney for guidance.

Dennis A. Fordham, Attorney, is a State Bar-Certified Specialist in estate planning, probate and trust law. His office is at 870 S. Main St., Lakeport, Calif. He can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it. and 707-263-3235.