The Law Office of Dallas Lain

I hope that I’ve convinced you that you need a will so that your wishes for your property and your loved ones will be carried out. Now let’s talk about what kind of a will you need.

A single person with few assets might think that a handwritten will is all he needs to see that his wishes are carried out. And, in Wyoming, a handwritten will (also called a holographic will) can be recognized by the courts as a valid will. However, it will be valid only if two conditions set out in the Wyoming Statutes are met:

• The will must be entirely in the handwriting of the testator, and
• The will must be signed by the hand of the testator himself.

Sounds pretty easy, but you should know that the Wyoming courts are incredibly strict about interpreting this statute. One handwritten will that had notes written on it by the decedent’s  banker, was found to be invalid because of the banker’s notes. In other words, the will wasn’t entirely in the handwriting of the decedent. So, even though the decedent most likely wished the changes by the banker to be a part of the document, her entire handwritten will was thrown out, leaving her an intestate decedent and her estate to be distributed by the rules of the Wyoming Statutes.

On a related note, Wyoming courts also rejected a “will” that the decedent made on videotape and put in an envelope with instructions for the tape to be played upon his death. The watching of a video will makes for a good scene in the movies, but don’t let a screenwriter’s vision of estate planning influence you, because a video will is completely invalid under Wyoming law, which requires a will to be in writing or typewritten.

So, if you’ve decided that rules for distributing your property under the Wyoming Statutes aren’t in line with your wishes, you need to make a will, and you need to make it correctly. Don’t rely on a videotape, handwritten directions, or any other communication except a valid will.

Related posts:

1. Wyoming Estate Planning Basics: How do you make a valid will?
2. Wyoming Estate Planning Basics: What happens if you die without a will?

Tags:   Estate Planning · Will · WyomingNo Comments