Can’t I just write my own will?

For various reasons, people sometimes feel that they need to write out a will so urgently that there is no time to consult a lawyer for advice or have the will witnessed. While it is possible for an individual in California to write out a legally effective will without going through the usual formalities of drafting, executing and witnessing, this is advisable in only the rarest of circumstances. This post will provide an introduction to the requirements for a holographic will, explain some of the potential pitfalls associated with trying to write out your own will, and finally describe a few situations in which it might be still be a good option.
 
What goes into a standard will?
In California today, a will generally is drafted by a lawyer – or by someone using professionally drafted wills as a reference – and signed by the Testator (the person making the will) in the presence of two or more witnesses, who also sign. California law has a strong preference for wills which have been signed by two or more disinterested witnesses, which is intended to be a mechanism for reducing the risk that the Testator was either incompetent or acting under duress when signing the will. As an estate planning instrument, a will typically has detailed provisions covering a range of contingencies, making it difficult for a layperson to adequately draft without professional help.
 
What is a holographic will?
As in many jurisdictions across the world, California still recognizes the validity of a “holographic” will, which has traditionally been defined as a will which the Testator wrote out and signed completely by hand. In California, a holographic will is valid even if it has not been witnessed, making this type of will an important exception to the witness requirement.
 
(While modern readers of English will associate the word “holographic” with the now-commonplace technology of holograms, the much older use of this word is to describe a document that is handwritten entirely by one person.)
 
What are the requirements for a holographic will?
While a holographic will traditionally had to be entirely handwritten, California now recognizes the validity of a holographic will as long as the “signature and the material provisions” of the will are in the Testator’s handwriting. This means that there is some leeway for parts of the will to be typewritten, but only the parts which are deemed non-material.
 
What kinds of problems can arise with a holographic will?
Holographic wills are fraught with problems. Whenever any will is brought to the probate court, any person who would be a beneficiary of the Testator’s estate under a different existing will, as well as anyone who would be a beneficiary if the Testator had left no will and the estate were to pass via intestate succession, has the right to challenge the will’s validity. Holographic wills can be challenged on a variety of grounds, potentially causing the Testator’s beneficiaries to suffer increased stress, expense, and delay.
 
First, if the holographic will is unwitnessed, it is easier for potential challengers to argue that it was not actually executed by the Testator, or that the Testator lacked the required mental capacity to execute a will when it was signed, or that the Testator was acting under duress when the will was written.
 
Another potential pitfall is the existence of another written will. If the Testator left another will, this could lead to litigation over which of the wills should be enforced, especially if the holographic will is undated.
 
Yet another risk which is becoming more common is the requirement that all of the will’s material provisions be in the Testator’s own handwriting. If the Testator types out some or all of the material provisions and then signs a printed version of the purported will, that document will not be a valid holographic will. While it may still be possible to get such a document admitted to probate as a will, the proponent of the will would need to provide further evidence to the court.
 
Any of these situations would lead to a more expensive and time-consuming probate process, and could easily trigger litigation among the Testator’s beneficiaries and/or heirs.
 
When might a holographic will be a reasonable option?
Because of the many risks and drawbacks mentioned above, a holographic will is almost never the best choice for a person trying to prepare an estate plan. However, there have been cases in which a person facing a sudden emergency was able to write out a simple holographic will in order to try to make provisions for their loved ones. As a last resort, a holographic will might sometimes be preferable to having no will at all, but in any situation other than an emergency, it is almost always better to seek professional advice when preparing a will.
 
If you are interested in learning more about how a will can best be used as part of your own estate plan, contact us today to schedule a consultation.
 
Copyright © Stone, Doyle & Heffel 2025.
 
This article is intended for informational purposes only and not for the purpose of giving legal advice for a specific person or situation. Nothing in this article should be taken as legal advice, and reading it does not create an attorney-client relationship.