Will Myths

Myth: I Can Hand Write A Perfectly Good Will

Can You Hand Write A Will in Colorado?

This week we are addressing common myths in estate planning. To kick things off, we are starting with the most common one we hear all the time: that hand writing a will works just as well as having one drafted for you. The short answer to whether or not you can draft your own will is yes. However, that will is not very strong and there is little guarantee that it will hold up in court if anyone decides to contest it.

Why Isn’t A Handwritten Will Worth Much?

When an attorney prepares a will for you, the hope is that they have experience dealing with what happens when that will needs to actually be used. This means they know what terms to add in to the document that will prevent litigation and will contests. Further, an attorney knows what is required under the law to have a valid last will and testament in Colorado that will hold up in court. Some of these requirements include:

  • Having two witnesses to attest to you have capacity to sign your will
  • Having a notary witness your signature (basically confirming that you are who you say you are)
  • Having you swear that you understand the documents, are over 18 and that you are not signing under anybody else’s influence

A handwritten will just doesn’t usually have these things. Without these requirements, there is no guarantee that you were even the one to write the will in the first place. Handwritten wills (also called holographic wills in Colorado) are much harder to uphold in the court system if anyone tries to contest them, even if all of the above requirements are met. In the long run, you have a lawyer draft your documents for you because you want peace of mind that they will work. You can not guarantee that with a handwritten document. You can learn more about what actually goes into a full estate plan here.

So Let’s Wrap It Up

So can you draft your own will on a cocktail napkin? Yes. Should you? Absolutely not. Odds are if you care enough to write something down, then it’s important enough to you and your family to make sure it goes where you want it to correctly. The only way to best ensure that happens is to get a proper estate plan from a lawyer. As I’ve said in many posts before, most attorneys will at least offer a free consultation where you can learn a little bit more about your options.