Can I Handwrite My Will? Legal Myths About Estate Planning

James Nici

When it comes to estate planning, myths and misconceptions abound. One of the most common questions we hear is:
"Can I just handwrite my will and call it good?"

 

The short answer? Maybe—but it's risky. While some states do recognize handwritten (or “holographic”) wills under very specific conditions, relying on a DIY approach could leave your loved ones with confusion, conflict, or costly legal issues down the line.

 

Let’s bust a few common estate planning myths—starting with handwritten wills.

 

Myth #1: A Handwritten Will Is Always Valid

 

In some states, a handwritten will can be legally valid— but only if it meets strict requirements. For example:

  • The entire will must be written in the testator’s handwriting (typed documents with handwritten notes often don’t qualify)

  • The person writing the will must have testamentary capacity (i.e., be of sound mind)

  • Some states require the will to be signed and dated

  • Others may require it to be witnessed

Even when valid, handwritten wills are more prone to being challenged in court. They often lack the clarity, structure, and legal precision of attorney-drafted documents.

 

Bottom line: Just because you can handwrite a will doesn’t mean you should.

 

Myth #2: Estate Planning Is Only for the Wealthy

 

Many people think estate planning is only necessary if you have millions in the bank or a sprawling estate. That’s simply not true.

If you own a home, have children, have savings or retirement accounts, or simply want to decide who gets your belongings— you need an estate plan.


It’s about protecting your loved ones, minimizing legal hassle, and making sure your wishes are honored, no matter your net worth.

Myth #3: A Will Is Enough

 

A will is important—but it’s not the only piece of the puzzle. A comprehensive estate plan often includes:

  • Power of attorney(for financial and legal matters)

  • Healthcare directives(to guide medical decisions if you're incapacitated)

  • A living trust(to avoid probate and streamline asset distribution)

  • Beneficiary designations(on retirement accounts, life insurance, etc.)

An estate planning attorney can help you determine which documents are right for your situation.

 

Myth #4: Once You Make a Will, You're Done

 

Life changes—and so should your estate plan. Major events like marriage, divorce, having children, moving to a new state, or changes in financial circumstances all call for an update.

 

A will you wrote 10 or 15 years ago may be legally valid, but it might no longer reflect your wishes or current situation.

 

Don’t Let Myths Undermine Your Legacy

 

Estate planning isn’t just about legal documents—it’s about peace of mind. While it might be tempting to take shortcuts or rely on outdated advice, the best way to protect yourself and your loved ones is with a professionally prepared estate plan tailored to your needs.

 

Let’s Set the Record Straight—Together

 

At Nici Law Firm, we’re here to answer your questions, debunk the myths, and help you create a plan that works. Whether you're starting from scratch or reviewing an old will, we make the process simple, supportive, and secure.

 

Contact us today to schedule a consultation—and take the guesswork out of estate planning.