Can Alabama Wills Be Handwritten?
When out in our community, many people ask about what I do. Occasionally, someone will pipe up and ask, “Can’t I handwrite my will?” In some states, like Texas, a handwritten or holographic will is legal. As we will see, such actions cannot help when drafting an Alabama will.
One can understand why a person would crave the simplicity of sitting down and transferring their assets with a pen and a piece of paper. No lawyers, no delays, and there is a correlation to handwritten contracts written at the bar. Such a premise reminds me of one of my favorite movies, “Secondhand Lions,” where the entire will said, “The kid gets it all!” To most people this makes sense. You might take a vacation, or a trip and come to terms with your lack of an estate plan. As you read, drafting an Alabama will in this manner causes more harm than good.
Alabama Will Requirements
For an Alabama will to be valid, it must meet the requirements set out by the State of Alabama in Title 43 of the Alabama Code. Below we will set out the elements of a will, and how a probate court would view a handwritten will in Alabama.
What is a will? A will is a legal document that transfers one’s ownership in his or her property when they die. The Alabama code states that to make a will, you must be over the age of 18, and of sound mind. When making a will, you must be free from coercion or influence. “Sound mind” is a broad term. In Alabama, a person may create a valid will with some mental illness or intellectual disability. As long as they understand their assets and to whom they are giving those assets it presumes them to be of “sound mind.”
An Alabama probate court will play a more significant role in asset division when a will does not meet the legal requirements. The probate court will view any will that does not match the elements of an Alabama will as if it does not exist. That means the court will use the rules of intestate succession. The probate court uses these rules when a person dies without a will and can become very costly. The court will also decide matters relating to children, should there be any, and their care.
It is essential to make sure that your Alabama will meets the legal requirements and keep control of your estate and your children’s wellbeing.
Two Witnesses Must sign Alabama Wills
A valid Alabama will must have two witnesses present at a will signing. Alabama law does not allow oral wills, only written wills that meet the legal requirements. After witnessing the will signing, the witnesses must sign the will. These witnesses can be beneficiaries of the will, but it may be a good idea to have two witnesses that are uninterested parties. Once the two witnesses sign the will, it is no longer considered handwritten or holographic since it now complies with the Alabama statutory requirements.
Alabama Will Revocation
A new will can revoke all previous wills. This situation creates a host of issues. New wills can revoke previous wills and their provisions in two ways. First, the language of a new will can rescind all previous versions. A new will provision can repeal preceding will provisions when the new language is inconsistent with previous wills. So, when a person sits down to write a will with their children as witnesses, they may not understand the language and its significance. Such a circumstance creates situations where provisions may be intact even if the intent was to start fresh. Such cases occur when many people try to handle estate issues without legal advice.
To revoke an Alabama will, an authorized person must tear, burn or destroy the will with the intent to revoke the will. Mere inadvertent damage is not enough. Another person can destroy a will under the direction of the testator (the subject of the will), as long as two witnesses are present for the revocation.
A handwritten will causes many complicated legal issues, and without proper guidance can negatively influence your estate. Such a will does not consider issues of young children and their care, adult children with financial or drug problems, nor does it allow you to give your assets to whom you want, how you want, and when you want.
To avoid such issues, call us at (205)598-1810 or schedule a strategy session.
Joshua Key is the owner of Key Law, LLC and an estate planning and business attorney. He is a speaker, a blogger, a husband, a father, a pilot, and helps people create the life and business of their dreams.
At Key Law, we do more than just estate and business planning. Our goal is to help you live a full life and feel proud of the legacy you leave your loved ones.
Creating wealth and growing your business for you and your loved ones as our primary goal.
Here you can find information on estate planning, probate, business planning and formation, financial planning, productivity, finance, family protection, tax planning, and anything else Joshua thinks will help improve your quality of life.
