Law Office of Densmore, Hawkins, and Bellflower
1234 Swing Blvd
Augusta, GA 30906
October 23, 2010
Mrs. Holly Dixon
6950 Mazlow Lane
Augusta, GA 30904
Dear Mrs. Dixon,
I am writing this letter in response to your request for information regarding the admissibility of the will of Mr. Thomas Dixon. The first half of this will was handwritten, and the second half was typed by the next door neighbor, Mr. Edgar Mae, because Mr. Dixon was too weak to continue. The laws are different for hand written or holographic wills, and do not require subscribing witnesses. However, the fact that Mr. Dixon’s will was not written entirely by hand will present a problem.
The law states, that if the will is written entirely in the hand of the testator (Mr. Dixon), then there is no need for subscribing witnesses in order to make the will valid. However if the will is not written entirely in the hand of the testator, then it does not qualify as a holographic will (or hand written will), and must have two, or more credible witnesses. In this case, the will was not entirely handwritten, and was not signed by two or more witnesses.
Unfortunately, under the law, this will is not admissible as a hand-written (or holographic) will, because the second half was typed, and is not admissible otherwise because of the lack of proper witnesses. It is my opinion that according to the law this will would not be considered admissible, or binding. I hope this information has been helpful to you. Please contact my office if you have any questions or concerns, or if there is anything else I could do to assist you. I am deeply sorry for your loss, and offer my condolences to you and your family.
Sincerely,
Naomi Hawkins Attorney at Law (706) 341-3174
1234 Swing Blvd
Augusta, GA 30906
October 23, 2010
Mrs. Holly Dixon
6950 Mazlow Lane
Augusta, GA 30904
Dear Mrs. Dixon,
I am writing this letter in response to your request for information regarding the admissibility of the will of Mr. Thomas Dixon. The first half of this will was handwritten, and the second half was typed by the next door neighbor, Mr. Edgar Mae, because Mr. Dixon was too weak to continue. The laws are different for hand written or holographic wills, and do not require subscribing witnesses. However, the fact that Mr. Dixon’s will was not written entirely by hand will present a problem.
The law states, that if the will is written entirely in the hand of the testator (Mr. Dixon), then there is no need for subscribing witnesses in order to make the will valid. However if the will is not written entirely in the hand of the testator, then it does not qualify as a holographic will (or hand written will), and must have two, or more credible witnesses. In this case, the will was not entirely handwritten, and was not signed by two or more witnesses.
Unfortunately, under the law, this will is not admissible as a hand-written (or holographic) will, because the second half was typed, and is not admissible otherwise because of the lack of proper witnesses. It is my opinion that according to the law this will would not be considered admissible, or binding. I hope this information has been helpful to you. Please contact my office if you have any questions or concerns, or if there is anything else I could do to assist you. I am deeply sorry for your loss, and offer my condolences to you and your family.
Sincerely,
Naomi Hawkins Attorney at Law (706) 341-3174