What Are the Three Types of Wills?

Legally, wills are divided into three main types, each of which will be subject to different legal requirements. According to family, estate and elder law attorney Randy Michel of College Station, Texas, these include holographic (handwritten) wills; standard, formal, typed wills; and partially typed and partially handwritten wills. 

• Holographic wills: In most states, handwritten wills are considered valid only if they are written completely in the handwriting of the testator — that is, the person creating the will. The signatures of witnesses typically are not necessary as long as it can be reliably established that the handwriting belongs to the person executing the will, and there is evidence of “testamentary intent.” (This is usually established with words such as “I, John Doe, declare this to be my last will and testament” or “I, John Doe, hereby bequeath….”) The person writing the will must also have testamentary capacity — the mental ability to understand what they are writing and the extent of the bequests being made. Lack of testamentary capacity (for example, a diagnosis of dementia or psychosis or proof that the person making the will was under the influence of alcohol or drugs) is a legal basis for challenging the validity of a will. 
  
  
• Standard typewritten or printed wills: Any printed or typewritten will must be signed by the testator and witnessed by two or more adults (the number depends on state law). As with handwritten wills, a standard will must include a statement of testamentary intent, and the person executing it must have testamentary capacity. In most cases, these wills are considered “self-proved” — that is, the signatures of the witnesses prove the validity of the will. However, it may help move the will more quickly through probate to include a “self-proving affidavit” signed by the witnesses stating that they saw the person sign the will and that the testator had the capacity to do so. (Note: Ohio and the District of Columbia do not offer this option; all wills must be proved in probate court after the person’s death.)
  
  
• Partially handwritten, partially typed wills: Because partially handwritten wills can’t be proven without witness signatures, they must meet the statutory requirements of a standard, typewritten or printed will. That is, they must be signed by the testator, and the signature must be witnessed by the appropriate number of persons as outlined in state law. 

In addition to these three types of written wills, some states recognize the validity of oral (spoken) or nuncupative wills. Also known as a “deathbed wills,” such wills are looked upon with skepticism by probate courts, although some states allow them under very limited circumstances. In New York, for example, a nuncupative will may be recognized if the oral declaration was heard by at least two witnesses and was made by one of the following: 

• A member of the U.S. armed services while deployed during wartime (declared or undeclared) 
• A person accompanying an active duty service member to a war zone or an area where armed conflict is taking place
• A mariner at sea

In North Carolina and a few other states, the rules are somewhat more lax, in that an oral will can be considered valid if the speaker is in the final stages of a terminal illness or in “imminent peril of death” and does not survive. The oral statements must also be made in the company of two competent witnesses who the will-maker has asked to witness his or her will. 

Sources 

“3 Types of Wills”. Law Office of Randy Michel. https://www.randymichel.com/blog/2019/06/15/3-types-of-wills-200799/ 

“Testamentary Intent Law and Legal Definition”. US Legal. https://definitions.uslegal.com/t/testamentary-intent/ 

“Testamentary Capacity”. Cornell Law School. https://www.law.cornell.edu/wex/testamentary_capacity 

“Invalidating a Will Because of a Lack of Testamentary Capacity”. Schklar & Heim. https://www.atlantalawfirm.net/invalidating-a-will-because-of-a-lack-of-testamentary-capacity/ 

“Self-Proving Affidavits”. NOLO. https://www.nolo.com/legal-encyclopedia/self-proving-affidavits.html 

“Is an Oral (Spoken but Not Written) Will Valid?” All Law. https://www.alllaw.com/articles/nolo/wills-trusts/oral-spoken-not-written-will-valid.html