The death of a loved one often prompts questions about their final wishes and estate distribution. In some cases, family members may discover these wishes in unconventional forms, such as handwritten notes on a napkin. However, courts scrutinize the validity and enforceability of such informal documents and rarely recognize wishes written on them.
The legal system prefers formal, properly executed wills
For a will to be valid, it must meet certain requirements:
- The testator (person making the will) must be 18 or older.
- The testator must possess mental clarity, fully comprehending the implications of drafting a will.
- The will must be in writing.
- The testator must sign the will.
- Two witnesses must sign the will and do so in the presence of the testator.
No matter how heartfelt, a napkin will often does not meet these strict legal standards. Courts may view it as merely a sentimental keepsake due to the informal nature of the document, lack of witnesses and potential questions about the testator’s state of mind at the time of writing.
Some states recognize holographic wills or handwritten wills that do not require witnesses. New York, for example, accepts holographic wills only in limited circumstances, such as those made by members of the armed forces during wartime.
Even if you can prove that the napkin is a legitimate document, it may still be open to interpretation. For instance, if the handwriting or language is unclear, the court may need to intervene to determine the testator’s true intentions.
Obtaining legal help is crucial
In most cases, simply writing final wishes on a napkin or any piece of paper is risky. It can lead to lengthy legal battles, family disputes and delays in the fulfillment of the deceased’s true intentions.
To avoid these issues, working with an estate planning lawyer in New York is crucial. A seasoned attorney can help you create a valid and enforceable will. Your or your loved one’s legacy deserves this level of care and attention.
