Article on Reducing Litigation Costs for Holographic Wills

Emily Robey-Phillips recently published an Article entitled, Reducing Litigation Costs for Holographic Wills, 30 Quinnipiac Prob. L.J. 314 (2017). Provided below is an abstract of the Article:

Holographic wills, which must be at least partially handwritten and do not require attestation, remain controversial despite their long history. Opponents of holographs argue that holographs produce excessive litigation. Proponents deny that charge and argue that holographs expand access to testacy, which far outweighs any costs.

Assuming arguendo that holographs do produce too much litigation, this Article explores the reasons why. Analyzing the case law, this Article identifies several areas in which courts struggle in probating holographs. It recommends adopting a series of presumptions and safe harbors to reduce litigation costs surrounding holographic wills. In this manner, this Article seeks to move the needle on the holographic wills debate in favor of allowing them.