Handwritten Will

Car accident personal injury lawyer for Appleton, Wisconsin

Ronald W. Tusler
Personal Injury Attorney

Is a Handwritten Will Legal? | Last Will and Testament Basic Requirements

If you pass away without a will in Wisconsin, your assets will be distributed according to Wisconsin’s intestacy laws, meaning the state decides who inherits your assets. Handwritten wills are not recognized in Wisconsin and leave your loved ones vulnerable to painful legal challenges and disputes upon your passing. Contact Appleton’s experienced last will and testament lawyer at Tusler Law today to schedule your free consultation and start safeguarding your legacy.

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These guys are amazing, highly recommend them after an accident. They walked me through everything step by step.

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Is a Handwritten Will Legal in Wisconsin?

No. The state of Wisconsin does not recognize handwritten wills—also known as “holographic” wills. Your will must be typed and signed by yourself and two witnesses. Nuncupative oral wills are also invalid.

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Basic requirements for the last will and testament in Wisconsin

The testator (the author of the will) must be 18 years old
The testator must be of sound mind and understand what a will is.
The testator cannot be coerced in any way.
The testator must include at least one sentence giving property to a beneficiary.

Attempting to write a will by yourself can open you up to vulnerabilities legally. Distributing your assets EXACTLY as you wish requires the critical eye of an experienced legal professional. You need to consult with a local last will and testament lawyer to craft a will perfectly allocating your assets.

Does a last will and testament need to be notarized in Wisconsin?

No, your will does not have to be notarized, but if you want to make your will “self-proving” you will need to get your will notarized. For this reason, getting your will notarized can help expedite the probate process.

Contact Ron Tusler in Appleton for low-cost last will and testament preparation.

FAQs

What makes a will invalid in Wisconsin?

A will may be declared invalid in Wisconsin for a number of reasons, including lack of signatures, lack of witnesses, undue influence, lack of testamentary capacity, fraud, ambiguous provisions, revocation and others. Handwritten wills and oral wills are not recognized nor valid in Wisconsin.

Can I write my own will in Wisconsin?

Yes, you can write your own will in Wisconsin, but having an attorney prepare your will ensures it meets all legal requirements and protects against potential challenges. A small mistake in a self-written will can lead to it being declared invalid, potentially leaving your wishes unfulfilled.

How valid is a handwritten will?

A handwritten will, also called a holographic will, is not valid in Wisconsin. Nuncupative oral wills are also not considered valid in Wisconsin.

What states allow handwritten wills?

Alaska, Arizona, Arkansas, California, Colorado, Hawaii, Idaho, Kentucky, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming allow handwritten wills, also known as holographic wills. Each state has different rules for what makes a handwritten will valid.