Legal Question in Wills and Trusts in Arizona

Re: Holographic Will

This is an interesting question. Holographic wills in Arizona must be in the handwriting of the testator and signed. The argument here is that the will is not a valid holograph since it was in the wife's writing. But now another wrinkle!!!! It was a joint will, so should it be valid if in the handwriting of one of the testators? I have not seen the will, and never can make an assessment without examining the original document, or at least a copy, but have to admit that I am not aware if there has been a court case in Arizona where a joint will was in the handwriting of one of the spouses and signed by both spouses. I would have to check the case decisions. An argument could be made that it is a valid will.

I presume there were not any witnesses, since if it was signed by two witnesses it would be a regular will and not a holograph.

You are welcome to send me the document so I can look at it. This is an interesting question indeed. Without further research I cannot say, and perhaps it might be up to the court to ultimately decide.