Albuquerque Handwritten Will Lawyer

A handwritten will can be entered into probate in Albuquerque, provided that it was properly signed and witnessed per state law. Using a handwritten will can create challenges, however, especially as the creator of the will (called a testator) strives to keep it up to date.

If you are someone who would like to create a handwritten will or someone entering such a will into probate, you can reach out for assistance from New Mexico Financial Law. An experienced Albuquerque handwritten will lawyer from our firm can speak with you during a confidential consultation.

We’ll listen to your goals, assess your legal situation, and then help you strive to achieve your objectives using every legal tool at our disposal.

Find out more about your options for using a handwritten will when you call 505-503-1637 or contact us online to schedule a no-obligation case review.

Important Estate Factors to Consider With an Albuquerque Handwritten Will Attorney

Whether you use a handwritten will or a typed will, your estate plans — and your loved ones, by extension — deserve careful consideration. While a will can be written in a straightforward manner, the testator should always take care to ensure that their wishes are clear, their provisions can be easily understood, and that they have disposed of every aspect of their estate.

Working with an Albuquerque handwritten will lawyer helps you understand everything you need to fully handle your estate. At New Mexico Financial Law, our primary goal is to leave your estate representative and loved ones with absolute, indisputable clarity as to your wishes and what they can expect from your estate.

As part of our comprehensive estate planning process, we can help you with key tasks like:

• Analyzing the contents of your estate, including priority items to assign to beneficiaries
• Selecting a personal representative (AKA, an executor) along with backup representatives, in case your first choice cannot serve
• Reviewing assets that could be transferred outside of a will and probate, including certain bank accounts, retirement accounts, life insurance policies, jointly owned property, etc.
• Identifying guardians for any dependent minors or disabled adult dependents
• Predicting possible taxes, creditor claims, spousal allowance, family allowances, and estate management expenses that could deduct from the total inheritance value of your estate 
• Helping you make arrangements that can reduce the time and expense of probate, such as forming a trust
• Reviewing your beneficiaries and ensuring that anyone who would be presumed to be a beneficiary is named (or expressly disinherited)
• Ensuring the proper execution, attestation, and witnessing of your handwritten will
• Incorporating your handwritten will within your other estate plans

Our legal offices are also available to assist your personal representative when it comes time to administer your estate through probate. We aim to ensure that you can know with confidence that your wishes can be understood and carried out, leaving behind a better world thanks to your thoughtful preparation.

What Is Required for an Albuquerque Handwritten Will to Be Legitimate?

State law (NM Stat § 45-2-502) requires that all wills must be in writing. A handwritten will can satisfy this requirement. An electronic or oral will, however, would not.

In addition, the testator must sign their will (or have it signed at their direction and in their presence) in front of at least two witnesses. These two witnesses must then sign the will in one another’s presence and in the presence of the testator. 

New Mexico state law specifically does not recognize a “holographic” will. These handwritten wills are signed by the testator but not witnessed, according to state law.

In some states, a holographic will can be submitted without having it witnessed as long as the will was completely handwritten and signed by the testator. The presence of their unique handwriting, the legal theory goes, should be enough to establish the legitimacy of the document.

In Albuquerque, a handwritten will that is not witnessed can only be used if it was created in a state that does legally recognize holographic wills, provided that the testator resided in that state or was domiciled there when the will was created.

Other Legal Requirements for a Handwritten Will to Be Valid

In addition to the requirement for the will to be “in writing” and properly signed and witnessed, state law requires that:

• The testator clearly declares their testatory intent, meaning that they indicate somewhere in the will (or, in some cases, using other outside evidence) that the document is going to be used to distribute their estate
• The testator is at least 18 years old or is an emancipated minor (NM Stat § 45-2-501)
• The testator has the mental capacity to understand that they are creating a will and using it to handle their estate
• The testator is not subject to undue influence, coercion, duress, manipulation, fraud, deceit, or any other mechanism that would cause them to make indications in their will that they normally would not include
• The witnesses are at least 18 years of age
• The witnesses have the capacity to understand that they are watching a testator sign a will (or, at least, an official document that legally affects the person signing it)

Recommendations for Using an Albuquerque Handwritten Will to Handle Your Estate

With our modern society’s wide adoption of technology, handwritten wills have become increasingly rare. Nevertheless, they may be preferred by certain individuals, especially if they are in a hurry and feel as if they have limited choices in how they record their will.

If you are determined to use an untyped will to manage the distribution of your estate, you should refer to an Albuquerque handwritten will attorney to ensure that the language you use is clear, unambiguous, and enforceable in court.

An attorney can provide detailed recommendations personalized to your estate and your unique goals.

Some of the more general recommendations for writing a handwritten will may include:

• Only write your will in long-lasting ink; do not use pencil or marker or another material that could possibly fade or be erased
• Write as legibly as you can, and avoid smudging
• Ensure that you have included your full legal name at the beginning of the document, and use this name to sign the will upon its conclusion
• Try to keep the will short, such as relegating it to the front and back of a single page; this brevity reduces the risk of missing pages or the incorporation of long passages that could be difficult to interpret
• Always clearly identify the relationship and full legal names of any beneficiaries, such as: “Albert Mannfred, my son”
• Be sure to indicate who you prefer to serve as your estate representative
• Include a residuary clause to distribute any property you failed to directly mention in the will
• Clearly date the will
• Include language revoking all other earlier copies of the will
• Avoid having a family member or another beneficiary write the will for you since there could be questions as to the will’s legitimacy
• Keep the will protected and stored in a safe place where documents would be expected to be found, such as in a filing cabinet, safe, desk drawer, or safe deposit box; label the binder or container as “my will”
• Ensure that you sign the will in the presence of two witnesses, who must then sign the document in front of you and each other
• Take the time to explain to the witnesses that you are creating a will (or, if you want to maintain privacy, creating a document that involves your property or legal interests), as this conversation can provide evidence of testamentary capacity 

Modifying a Handwritten Will

A handwritten will can be modified using a codicil, which is a documented addendum revising the will. Like a will, the codicil should clearly name the testator, feature a date, be signed by the testator, and be witnessed by at least two individuals.

The codicil should be clear about which parts of the pre-existing will it modifies. Ideally, it should directly quote certain passages, declare them to be revoked, and then state the new language that should take their place.

Alternatively, in cases where a codicil merely adds to a will without revoking any of its prior language, the codicil should clearly state the additional property to be disposed of by including a statement to the effect of “in addition to the property disposed of in my will, I wish to leave…”

Revoking a Handwritten Will

A handwritten will can be revoked (per NM Stat § 45-2-507) “by performing a revocatory act on the will if the testator performed the act with the intent and for the purpose of revoking the will or part or if another individual performed the act in the testator’s conscious presence and by the testator’s direction. For purposes of this paragraph, ‘revocatory act on the will’ includes burning, tearing, canceling, obliterating or destroying the will or any part of it.”

Alternatively, a newly created will that contradicts an older will effectively revokes that will. For example, if the new will leaves property to someone different than the old will, that section is considered to be revoked.

Put simply: a probate court always seeks to use the most recently created version of a will. If the new will does not completely dispose of an estate, such as by leaving out certain property, then the estate’s personal representative may refer to an older version of a will that has not expressly been revoked, provided that the will was properly executed according to state law.

Reasons to Not Use a Handwritten Will in Albuquerque

A handwritten will can be useful in a pinch, but the reality is that these wills are often harder for your personal representative to use and understand. Foremost, the use of handwriting can create issues with readability or how to interpret certain passages.

For example, if something was written in the margins of the paper between two lines, is it clear where the phrase should go? Was this merely note-taking? Or was it intended to be a part of the will?

Cramped handwriting can also leave the will’s language open to misinterpretation. Certain words can look like other words — or be impossible to decipher altogether — when written by hand.

In addition, a handwritten will may be harder to preserve in some instances. Attorneys may recommend using certain archival paper and inks, whether the document is typed or handwritten.

But often, people don’t have these types of stationery materials handy. As a result, they may use something like a legal pad and a ballpoint pen, both of which could lead to fading or other issues as the document ages. 

Regular ballpoint pens found easily in a desk drawer, for example, use an oil-based pigment that can fade in just two to two-to-three years. The ink is especially susceptible to UV light and humidity. 

On top of these concerns, a handwritten will is much more difficult to revise compared to a document that is typed and stored electronically. While an electronic draft of the will cannot be admitted into probate (it must be printed, signed, and witnessed to do that), it can be easily accessed and read by the testator if they want to review their document and make changes.

Further, the digital evidence created by the document, such as its creation date and last modification date, can help to prove the veracity of a will by confirming details about when it was written or when a new draft was executed.

For all of these reasons, a typed will is preferable to a handwritten will. You can refer to a handwritten will law firm for more guidance on best practices, especially if you are adamant about recording your last will and testament in your own hand.

Establish an Indelible Legacy With an Albuquerque Handwritten Will Law Firm

There are certain drawbacks to using a handwritten will to dispose of an Albuquerque estate, but it is not out of the realm of possibility. New Mexico Financial Law can assist you and your loved ones when it comes time to ensure that your estate plans are finalized and recorded in a legally compliant way. 

We can help you include language that avoids common mistakes while reviewing your portfolio and other preparations to verify that your legacy is fully accounted for within your estate plans. Get started during a no-obligation consultation when you call our Albuquerque firm at 505-503-1637 or contact us online to schedule an appointment with an experienced attorney.