Holographic Will

A guideline for

writing your will

It is not very expensive to have an attorney

draft a will for you. Even though you can write

your own will, there are many special

considerations you may not be aware of that a

lawyer will readily identify for you. Failure to

deal with these items appropriately can thwart

your intent and can result in unexpected

expenses. The decision to draft your own will

should be made hesitantly and only after careful

consideration.

Idaho law recognizes handwritten wills,

referred to as holographic wills. Material

provisions of the will and the signature must be

in the handwriting of the person making the will.

Although it is not necessary to have the will

dated, witnessed, or notarized, it is a good idea

to date your will to avoid conusion if you

should have more than one will. So, if for some

reason you cannot handwrite your own will,

you will have to seek the assistance of an

attorney. Also, if you think your will might be

contested or if you have doubts about certain

provisions, or if your estate is large enough to

possibly benefit from tax planning, see an

attorney.

If you choose to write your own will, you can

use the following clauses and provisions,

modifying them to suit your particular needs.

Remember, the will must be in your hand-

writing, and must be signed by you.

1. I, (name) , of

(name of county) County, Idaho, being of

sound mind and under no undue influence,

The residue of your estate means all of the property in

make my last will and testament, revoking all

previous wills and codicils.

2. I direct that all my just debts and funeral

expenses be paid as soon after my death as

possible, and that all expenses of administering

my estate taxes be paid out of my residuary

estate.

3. I appoint (name) as my

personal representative, to serve without bond.

If he/she is unable to serve, I appoint (name)

as my personal representative, also to serve

without bond.

4. I give my personal and household

effects as follows:

LIST

(Item of personal (Person to receive

property) property)

For example:

Tools John Smith

5. I give the residue

of my estate, real and

personal, to my spouse (name) if he/she

survives me. If my spouse fails to survive me,

I give the residue of my estate to my children,

to be divided equally. If one of my children

fails to survive me, his/her share shall be

divided equally among his/her children OR

his/her share shall be divided equally among

my surviving children.

I give the residue of my estate, real and

personal, as follows:

For example:

30 percent to Jane Doe

20 percent to Joan Doe

50 percent to Mary Doe

your estate that has not already been distributed either in

your will or by some other means.

SOME OPTIONAL CLAUSES

6. I declare that I am married to (name)

and intend to confirm to my spouse his/her half

of our community property and to dispose of

my half of our community property and all of

my separate property.

7. I give to (name) (organization) the

sum of $_______________, if he/she survives

me.

8. If any person dies within 60 days after

my death or under circumstances in which there

is no sufficient evidence to determine whether

such person had died within 60 days after my

death, I shall be deemed to have survived such

person.

9. The laws of Idaho shall govern all

questions as to the validity and construction of

this will.

(If you are married for the second time and it

is your intention to leave your entire separate

property to your children you should consult

with an attorney).

Date_____________________

_____________________________________

Signature of Testator

If you have any questions concerning

holographic wills or the above provisions,

contact an attorney.

CHECKLIST

Yes No

□ □ 1. Did you read this entire brochure?

□ □ 2. Did you understand all of it?

□ □ 3. Will your estate be small enough at your

death to avoid significant tax consequences?

□ □ 4. In preparing your will, did you write in

pen (not with a typewriter or computer)?

□ □ 5. In preparing the will, did you use clean

sheets of paper without other marks on

them?

□ □ 6. Did you identify yourself in the will by

giving your full name and address?

□ □ 7. Did you express your intent that the

document be your will?

□ □ 8. Did you name a personal representative?

□ □ 9. Did you dispose of all your property

through provisions of the will?

□ □ 10. Did you write the will without any

errors or erasures?

□ □ 11. Did you sign and date the will?

□ □ 12. Did you number the pages of the will?

□ □ 13. Did you place the signed will in a safe

place where your survivors will find it?

If your answers to all of these questions are yes, you should

have a valid will.

Idaho Legal Aid Services, Inc. Area Offices

1447 S Tyrell Lane, Boise 345-0106

1104 Blaine, Caldwell 454-2591

610 W Hubbard, Suite 219

Coeur d’Alene 667-9559

482 Constitution Way, Suite 101,

Idaho Falls 524-3660

633 Main Street, Lewiston 743-1556

150 S. Arthur, Pocatello 233-0079

475 Polk, Twin Falls 734-7024

Idaho Senior Legal Hotline 1-866-345-0106

Idaho Senior Legal Hotline

(Spanish-speaking) 1-866-954-2591

Domestic Violence Legal

Advice Line 1-877-500-2980

TTY (Deaf & Hard of Hearing) 1-800-245-7573

3/08

Questions and

Answers About:

Holographic

Wills