Are hand-written Wills valid under Mississippi law?

Hand-written Wills are valid under Mississippi law if they meet certain requirements.

A hand-written Will is called a "holographic" Will. 

The requirements for a holographic Will are:

(1) the Will must be written completely in the maker’s handwriting; and

(2) the maker of the holographic Will must be 18 years old or older; and

(3) the maker of the holographic Will must be of sound and disposing mind; and

(4) the maker’s signature must be at the end of the Will.  Any attempted gifts written below the maker's signature is not considered a part of the Will, and will be disregarded by the Mississippi courts. 

Requirements for a Valid Will in Mississippi

What are the requirements for a Will to be valid in Mississippi?

1.     The person making the will (i.e., the “testator” for a male, the “testatrix” for a female) must be 18 years old or older.

2.     The testator or testatrix must be of “sound and disposing mind”.

3.     The Will must be:

a.      Completely written by the maker in his or her own handwriting and signed and dated at the end of the Will; or

b.     If not completely written by the maker, then the Will must be attested by two (2) or more credible witnesses who witness the Will in the presence of the maker at the request of the maker.

What is a Will?

A Will is a written document made by an individual who sets out how he wants his belongings to pass from him at the time of his death.  A Will does not take effect until the maker’s death.  Therefore, a Will is generally revocable (i.e., can be destroyed or changed) at the whim and wishes of the maker of the Will.