What is a holograph will?

A holograph will is a unique type of testamentary document that is predominantly characterized by being entirely handwritten and signed by the individual making the will, known as the testator. The defining feature of this kind of will is that it does not require the presence or signatures of witnesses, which differentiates it from other types of wills that do necessitate witness validation to ensure their legality.

This form of will is particularly significant because it allows individuals to create a valid and enforceable legal document even in circumstances where a formal attestation process, which requires witnesses, may not be feasible. For example, a person might draft a holograph will during an emergency or other situations where immediate access to legal counsel is not possible.

Holograph wills can be recognized in many jurisdictions, including New Brunswick, provided that they meet the criteria of being written, dated, and signed by the testator. The simplicity and accessibility of making a holograph will serve to empower individuals to express their final wishes without the formalities that accompany other types of wills.