This document describes how to create and update a holographic will that serves as your last wishes upon death, including how to distribute your assets.
Parameters:
- Title
- Provisions
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Decide whether you want witnesses or a notarized self-proving affidavit. Not all jurisdictions allow holographic wills, and in that case you'll need witnesses. And a self-proving affidavit can make proving the validity of the will in the probate process substantially easier for your chosen executor by eliminating the need to gather witnesses to testify that the will is valid.
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Create a Permanent Paper Data Record with the chosen [Title].
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For every page you use to create this document:
- On the last line write "Signature:"
- (Optional) If you decided you want witnesses, on the second-to-last line, write "Witness signatures:".
- Do not sign anything yet.
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Starting on the first page, write the following:
My name is [your full legal name] born [your birth date including the year] to [your mother's and father's full legal names] in [your birth place as specifically as possible, including the city and country] currently residing at [the address of your current residence].
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(Optional) If you have a government ID number, like a social security number, write the following: My [name of government ID] is [ID].
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Add the [Provisions].
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Write: I am of sound mind, I am at least 18 years of age, I am not acting under duress, and I am comfortable with all my wishes recorded in this document. This document was written and signed in [your specific geographic location] and contains no crossed out words. If any provision of this Will is deemed unenforceable, the remaining provisions should remain in full effect as far as is enforceable.
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(Optional) Video tape the remaining steps and include a copy of the video with each copy of your will.
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Sign and date on the last line of each page of the document.
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(Optional) If you decided you want witnesses:
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Before you sign and date the document, find 1-2 (depending on the laws in your jurisdiction) trusted friends, family members, or other trusted persons who are not heirs/beneficiaries to bear witness.
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Meet all in one place. If you wanted a self-proving affidavit, this place will be the notary's office.
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Declare to the group that this document is a [will or codicil]. Witnesses do not need to know any specifics about what is in the document.
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Have each witness sign each page of the document on the second to last line where it says "Witness signatures:".
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Write the following:
We affirm that, on the date next to the testator's signature on the last line of each page of this document, the testator [your full legal name] declared to us that this document is the testator's last will and testament and signed the will in our presence. All signers were present during the signing. The testator is of sound mind, is at least 18 years of age, and is under no undue or improper influence. We affirm under penalty of perjury that these things are true and correct.
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For each witness, have them sign their name, print their name, and give their current address of residence.
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If you're getting a self-proving affidavit, let the notary notarize the affidavit.
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Read over the document and verify everything is as intended.
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Remember to cross out all empty lines and fill in the number of total pages as mentioned in Permanent Paper Data Record.
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Create a calendar reminder to Review this Will on a regular basis (see Recommendations).
Use the instructions above for creating Creating a Will or Codicil with the title Last Will and Testament of [your full legal name] and provisions created using the following instructions:
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Choose an executor and talk to that person about their willingness to take on the responsibility. Also choose an alternate executor, and talk to them as well.
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Gather any documents that previously served as your Will and Testament and decide which parts to write into the new will. These previous documents will no longer be legally valid after signing this new will.
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Write your executor appointment: I appoint [name of your primary executor] to be the executor of this Will. In the case they can not or will not fulfill that role, I then appoint [name of your alternate executor].
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(Optional) If you have any cryptocurrency to pass on to heirs, write the following:
I own certain assets that are protected by a digital wallet, which requires secret seeds to access. The executor should not attempt to access the devices and the backups that can be used to gain access to those assets without being accompanied by all the heirs that will receive a portion of those assets. Any wallet given in entirety to a particular heir should be given the seed(s) and recovery information directly. For any non-multisig wallet who's contents are split between multiple heirs, the executor should take possession of the necessary seed and recovery information. For any multisig wallet, the executor should take possession of one and only one of the necessary keys, and each other key should be distributed evenly to each heir that will receive a portion of that wallet's assets. If possible, the keys should be distributed so that no one party alone can spend the funds with only the keys distributed to them. If that is not possible, the keys should be distributed so that no one party alone other than the executor can spend the funds with the keys distributed to them. The executor will craft a single transaction that sends the funds to the heirs in the correct proportion. Before the transaction is signed, it will be presented to the heirs so they can verify it is correct. Once the heirs verify its correctness, the parties who hold possession of the relevant keys will sign the transaction, and the executor will broadcast it.
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Write down what you want each of your heirs to inherit from you in one section for each heir. Each section should contain the following information: A. The full legal name, birth date (including the year), and specific birth place of the heir. B. The list of items you want that heir to inherit from you.
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Write a catch all clause. Write down a provision of what to do with assets that don't match any specific provision in the previous section. For example, this might be a provision like "Any unspecified asset should be split evenly between the named heirs in whatever way the executor chooses."
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Write a provision for how you would like your remains to be handled.
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(Optional) If you have any minors or dependent children who you are the only guardian for, choose a primary guardian and alternate guardian to take your place and discuss the responsibility with them. Write the following: Effective upon my death or incapacity, I appoint [name(s) of chosen primary guardian(s)] born [birth date of the guardian(s) including the year] in [the guardian's birth place] as guardian of each of my children. [Name(s) of chosen primary guardian(s)] can be located at [their resident address] and can be contacted at [their contact information]. In the case they can not or will not fulfil that role, I then appoint [name(s) of chosen secondary guardian(s)] born [birth date of the guardian(s) including the year] in [the guardian's birth place] as guardian of each of my children. [Name(s) of chosen secondary guardian(s)] can be located at [their resident address] and can be contacted at [their contact information].
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Make any other provisions you need to (provisions from previous will documents, who to appoint with power of attorney if you are incapacitated, how to pay your debts / taxes / funeral costs, provisions for pets, etc).
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Write:
This is my last will and testament, and it revokes any previously made will or codicil.
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Remember to finish the creation of this Creating a Will or Codicil.
To make minor changes to your Will, you will create a new document called a codicil. Do not edit your original will document. If there are major changes needed, just create a whole new Will.
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Create a Permanent Paper Data Record with the title Codicil to Last Will and Testament of [your full legal name].
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Write the following: This codicil amends my Last Will and Testament that is dated [date of the will].
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Write down the exact provision you are changing using the codicil. Note the location of the provision in your will, for example "Article 4" or "Paragraph 6, Line 3."
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Write your new provision down. State specifically and in detail what is being changed.
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Write:
All other provisions in the will are not being changed or modified and the document is not being revoked by the codicil.
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Keep a copy of the codicil with every copy of the original will.
- Look your Will over. If anything needs to be updated, either use the Update instructions to create a codicil, or create a whole new Will.
- Its recommended that you review your will once per year.
- Look into the laws of your jurisdiction, as a mistake can invalidate the entire Will.
All information in this repository is for general informational purposes only and does not constitute legal advice, establish any attorney-client relationship, or create any responsibility on the writers of this repository whatsoever.
- Legalzoom - How to write your own will
- Nolo - How to write a will
- Wiki How - Write a Will
- How to write a Codicil
- The height of your handwritten letters should fill the line so that if someone tried to insert information after the fact, it will be obvious.
- You cross out empty lines and empty line space so that space can't be used by someone trying to insert information after the fact.
- Writing the page number and total pages on each page allows people to verify that they have all pages of the Will.
- Signing and dating all pages allows using signature verification to verify that each page was in fact written by you.
- Stating the name of the geographical location you're writing and signing the will in makes it clear where the will originated, which makes it easier to justify using the holographic will in jurisdictions that allow un-witnessed holographic wills only for "foreign wills" (ie wills from another jurisdiction).