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Holograph will

A will written entirely in the testator’s handwriting and not witnessed.

A will written entirely in the testator’s handwriting and not witnessed.

Some states recognize holograph wills, other do not.

Still other states will recognize a will as "holograph" if only part of it is in the testator’s handwriting (the other part being type-written).

For example, Alberta recognizes holograph wills as set out at 7 of the Alberta Wills Act (RSA 2000 Ch. W-12, published at canlii.com/ab/laws/sta/w-12/):

"A testator may make a valid will wholly by the testator’s own handwriting and signature, without formality, and without the presence, attestation or signature of a witness."

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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