Holograph
Encyclopedia
A holograph is a document written entirely in the handwriting of the person whose signature
it bears. Some countries (e.g. France) or local jurisdictions within certain countries (e.g. some U.S. states) give legal standing to specific types of holographic documents, generally waiving requirements that they be witnessed. One of the most important types of such documents are holographic last wills
.
documents must include a discussion of the effectiveness of a document in accomplishing its intended purpose. Print media came into being as a solution to the problem of the sluggish and ponderous task of transcribing written materials by hand. Printing enabled rapid construction, compilation and production of written material and provided a means for the revolutionary concept of dissemination of copies of written material.
The intrinsic value of employing the handwritten word in creating a document is that the authorship of handwritten documents is able to be authenticated by handwriting comparison with samples of the author's other writings or by recognition by witnesses familiar with the handwriting style and characteristics of the author. This valuable quality of proof of authorship maintains to this day the primacy of the hand-written document where it was required, by law or by necessity, to have authenticity and verifiable provenance or origin of the document.
and society
was to have the ultimate document requiring authenticity—a last will and testament
—retain its authenticity, thereby accomplishing its author's intended purpose: that of making a valid, indisputable disposition of the author's real property
, personal assets and wishes or declarations, at the time of his or her death.
The rule for creating a minimally acceptable "holographic" will has been agreed upon: to be indisputably without edit or revision by an outsider (other than the author), absolutely no mechanically printed material must be contained in the document. It must not be typeset, typewritten, mechanically printed or scribed by any means other than by the hand of the original author. This rule does not, however, apply to non-material terms of the will. As a result, so-called "form wills" purchased at stationery stores can constitute legally valid holographic wills provided that their material terms are completed solely in the testator's handwriting.
The will must be dated at the time of its writing, so that it can be compared (visually, forensically
) with documents originating from the same author at other times, such as an earlier will (which might be intended by its author to be withdrawn or revoked by a later written will).
To be effective as a testamentary document, a "holographic" will must be signed by its author. Unlike a typewritten or word-processed "formal" will, where usually two disinterested witnesses are required to attest to the author's signing or "execution" of the document, a holographic will does not require any witnessing or notarization
(an accepted form of witnessed certification of authenticity) in order to be a proper and valid testamentary instrument
(document) having full legal force and effect.
Signature
A signature is a handwritten depiction of someone's name, nickname, or even a simple "X" that a person writes on documents as a proof of identity and intent. The writer of a signature is a signatory. Similar to a handwritten signature, a signature work describes the work as readily identifying...
it bears. Some countries (e.g. France) or local jurisdictions within certain countries (e.g. some U.S. states) give legal standing to specific types of holographic documents, generally waiving requirements that they be witnessed. One of the most important types of such documents are holographic last wills
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
.
Holographic instrument
The expansion of the concept of holographic, or handwrittenHandwriting
Handwriting is a person's particular & individual style of writing with pen or pencil, which contrasts with "Hand" which is an impersonal and formalised writing style in several historical varieties...
documents must include a discussion of the effectiveness of a document in accomplishing its intended purpose. Print media came into being as a solution to the problem of the sluggish and ponderous task of transcribing written materials by hand. Printing enabled rapid construction, compilation and production of written material and provided a means for the revolutionary concept of dissemination of copies of written material.
The intrinsic value of employing the handwritten word in creating a document is that the authorship of handwritten documents is able to be authenticated by handwriting comparison with samples of the author's other writings or by recognition by witnesses familiar with the handwriting style and characteristics of the author. This valuable quality of proof of authorship maintains to this day the primacy of the hand-written document where it was required, by law or by necessity, to have authenticity and verifiable provenance or origin of the document.
The last will
Of particular importance to lawLaw
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
and society
Society
A society, or a human society, is a group of people related to each other through persistent relations, or a large social grouping sharing the same geographical or virtual territory, subject to the same political authority and dominant cultural expectations...
was to have the ultimate document requiring authenticity—a last will and testament
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
—retain its authenticity, thereby accomplishing its author's intended purpose: that of making a valid, indisputable disposition of the author's real property
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
, personal assets and wishes or declarations, at the time of his or her death.
The rule for creating a minimally acceptable "holographic" will has been agreed upon: to be indisputably without edit or revision by an outsider (other than the author), absolutely no mechanically printed material must be contained in the document. It must not be typeset, typewritten, mechanically printed or scribed by any means other than by the hand of the original author. This rule does not, however, apply to non-material terms of the will. As a result, so-called "form wills" purchased at stationery stores can constitute legally valid holographic wills provided that their material terms are completed solely in the testator's handwriting.
The will must be dated at the time of its writing, so that it can be compared (visually, forensically
Forensics
Forensic science is the application of a broad spectrum of sciences to answer questions of interest to a legal system. This may be in relation to a crime or a civil action...
) with documents originating from the same author at other times, such as an earlier will (which might be intended by its author to be withdrawn or revoked by a later written will).
To be effective as a testamentary document, a "holographic" will must be signed by its author. Unlike a typewritten or word-processed "formal" will, where usually two disinterested witnesses are required to attest to the author's signing or "execution" of the document, a holographic will does not require any witnessing or notarization
Notary public
A notary public in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business...
(an accepted form of witnessed certification of authenticity) in order to be a proper and valid testamentary instrument
Legal instrument
Legal instrument is a legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation, or right, and therefore evidences that act, process, or...
(document) having full legal force and effect.