Many Mississippians wonder whether writing their final wishes by hand is enough to create a legally binding will. The short answer is that Mississippi law recognizes handwritten wills, but there are specific requirements that must be met for the document to be valid in probate court.

What Is a Holographic Will?

A holographic will is a will that is completely written and signed in the testator’s own handwriting, without any witnesses or notary present. According to Mississippi Code § 91-5-1, such a will can be considered valid if it meets certain requirements. The entire document, including every word, must be written by the person creating the will. If a typed document has a handwritten signature, it does not qualify as a holographic will under Mississippi law.

Mississippi is one of the states that allow holographic wills. This allows individuals to document their wishes without the need for formal legal assistance. However, this flexibility comes with a significant tradeoff. Any deviation from the required format can make the will unenforceable, leaving assets to be distributed according to Mississippi’s intestate succession laws instead of according to the individual’s wishes.

Legal Requirements for a Handwritten Will in Mississippi

• Entirely handwritten: Every word of the will must be written in the testator’s own hand. Printed, typed, or computer-generated text will disqualify the document.
• Signed by the testator: The will must bear the maker’s signature, usually at the end of the document.
• Capacity to make a will: Under § 91-5-1, the testator must be at least 18 years old and of sound mind at the time of signing the document. 
• Clear intent to make a will: The document must clearly state the intent to distribute property after death – casual notes or letters will not usually suffice.

Unlike formal wills, which are governed by Mississippi’s general will statute, holographic wills do not require signatures of witnesses. However, these wills are carefully scrutinized during the probate process by courts, often requiring testimony from individuals familiar with the testator’s handwriting to establish their authenticity.

How Holographic Wills Are Proved in Probate

When a holographic will is submitted for probate in Mississippi, it does not follow the same streamlined process as a properly executed will. Instead, according to Mississippi Code § 91-7-35, the court requires evidence of the testator’s handwriting. This evidence is typically provided through the sworn testimony of at least three credible witnesses who can verify that the handwriting and signature belong to the deceased.

This additional evidence may delay the probate process and, in some cases, lead to legal disputes from family members or other parties who question the validity of the will or the testator’s mental state at the time it was created.

Common Pitfalls That Can Invalidate a Handwritten Will

Partial Printing or Typed Sections

Using a pre-printed form or template and filling in the details manually is one of the most common mistakes when creating a will. Mississippi courts require the entire will to be written in the testator’s own handwriting. Even a single typed line or pre-printed heading can lead to a legal challenge to the will.

Ambiguous or Incomplete Language

Vague descriptions of assets or beneficiaries, such as “my car for my son,” without further identification, can lead to disputes in court. The Mississippi Supreme Court has emphasized that courts should be able to carry out the testator’s intentions based on the plain language of the document.

Lack of Date

While Mississippi law does not explicitly require a specific date for a will, it is strongly recommended that one be included. Without a specified date, conflicts between different wills can be difficult to resolve and proving testamentary capacity at a particular time becomes much more difficult.

Should You Rely on a Handwritten Will?

A holographic will may be suitable for emergency situations, such as when someone faces a sudden medical emergency and can’t access a lawyer. However, for long-term estate planning, a formal will executed in accordance with Mississippi Code § 91-5-1 provides far greater protection. A properly drafted, witnessed and notarized will is less likely to be challenged and much easier to execute.

Protect Your Family’s Future with a Properly Drafted Will

With nearly 49 years of serving Mississippi families, Gregory D. Keenum, PA, helps clients create estate plans that are legally sound and designed to last. Do not leave your final wishes to chance – contact our firm today for a personalized consultation.