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A holographic will, or olographic testament, [1] is a will and testament which is a holographic document, meaning that it has been entirely handwritten and signed by the testator. Holographic wills have been treated differently by different jurisdictions throughout history.
The distinctive feature of a holographic will is less that it is handwritten by the testator, and often that it need not be witnessed. In Louisiana this type of testament is called an olographic testament. [9] It must be entirely written, dated, and signed in the handwriting of the testator.
The Uniform Probate Code (commonly abbreviated UPC) is a uniform act drafted by National Conference of Commissioners on Uniform State Laws (NCCUSL) governing inheritance and the decedents' estates in the United States.
Nuncupative and holographic wills are valid in some states, but are forbidden in others. The former are confined to personality and must generally be reduced to writing within a short time after the words are spoken. In Louisiana the mystic or sealed will still existed in 1911.
The requirements for testamentary capacity are minimal. Some courts have held that a person who lacked the capacity to make a contract can nevertheless make a valid will. . While the wording of statutes or judicial rulings will vary from one jurisdiction to another, the test generally requires that the testator was aware
Juanita Ornelas, a Texas prisoner, filed a lawsuit in 2018 claiming the state had failed to protect her from repeated sexual assaults; she presents as masculine in prison for safety reasons.
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