Can You Handwrite a Will in Pennsylvania?
Estate Planning
When most people think about wills, they probably imagine arcane legal citations, a ream of legal paper, and complex clauses in a beautifully typed font. While many wills are written by skilled attorneys, there is no specific legal requirement in Pennsylvania to hire a lawyer to write your will. In fact, you don’t even need to use a computer. A handwritten will is still valid.
However, even handwritten legal wills have to meet the state’s specific legal requirements. If not done correctly, your handwritten will may be challenged in court or even deemed invalid, leaving your estate to be distributed under intestacy laws.
What Pennsylvania Law Requires for a Valid Will
Like other states, Pennsylvania has specific requirements about what you can and can’t do when you’re creating a will. If you violate these rules, the will won’t be considered valid by the courts. Under 20 Pa.C.S. § 2502, the following are the specific requirements you must meet when writing a valid PA will.
- In Writing: Pennsylvania does not allow oral wills. The document must be physically written down. However, it can be written using a computer or written by hand.
- Signed by the Testator: The person creating the will, who is known as the testator, must sign the will at the end. If they can’t for some reason, the testator can get it signed by two witnesses in their presence.
- Age and Sound Mind: Under 20 Pa.C.S. § 2501, wills must be made by someone at least 18 years old and of sound mind.
It’s important to note that Pennsylvania law does not require witnesses for a will to be valid. However, it’s recommended to have two witnesses or a self-proving affidavit signed before a notary. By having witnesses, you can avoid having your will contested in probate.
Are Handwritten Wills Valid in Pennsylvania?
Absolutely. Handwritten wills, which are also known as holographic wills, are also valid. They are held to the same standards as typed wills. If you were to write a will on notebook paper, sign it, and clearly have an intent for it to be your will, Pennsylvania law would recognize it as a valid will.
Drawbacks of Using a Handwritten Will in PA
While a handwritten will may be convenient, there are some major drawbacks to this approach. First, a handwritten will creates ambiguity. It may use non-standard legal language or even have handwriting issues that make it unclear what you want. Similarly, it may miss important elements, like backup beneficiaries, an executor, or a residuary clause for assets that aren’t covered in the will.
For all of these reasons, a handwritten will is often easier to challenge and has a harder time in probate. Often, the court will need to have additional proof in handwriting, such as a witness or handwriting verification, to show the will is actually written by you.
If you decide to update or revoke your handwritten will, there are a few ways you can do so. Under 20 Pa.C.S. § 2505, a will may be revoked by physically destroying the will or executing another signed will that declares previous wills revoked. You are not allowed to simply cross out parts of the handwritten will or make margin notes to revoke or update it.
Get Help From a Skilled Pennsylvania Will Lawyer
While a handwritten will may be valid, it is rarely the best option. Working with an experienced Pennsylvania will lawyer ensures that your last will and testament in PA is legally compliant, clear, and fully enforceable. A skilled attorney can make a will that manages your family dynamics and tax implications. More importantly, a professionally made will is harder to challenge in court.
The safest and most effective option is to work with a Pennsylvania will lawyer who can draft a will that fully protects your wishes, your assets, and your loved ones. Estate planning attorneys can also assist with creating living wills and powers of attorney, ensuring you and your loved ones are protected.
If you’re wondering how to make a will in PA or whether your handwritten will is enforceable, contact the Clause Law Group today. We’ll help you create a clear, legally sound estate plan that gives you and your family peace of mind.
