Holographic Wills and the Case of Larry King

Transcript of Podcast Episode 125

“The death of Larry King earlier this year—and its complicated aftermath—brought to light a term that many people hadn’t heard before. King had what is called a “holographic will.”

The term “holographic will” sounds like something out of science fiction, but where does it actually come from? The truth is that a holographic will doesn’t use any technology at all. It’s all pen and paper. It is a handwritten and unwitnessed will. And it’s a mystery where the name actually comes from.

Holographic wills are subject to different requirements in different states. Not all states even recognize them. A few states, New York being one of them, will accept handwritten wills only from a soldier in an active combat zone. Some states require that the entire will be in the author’s handwriting, while others require only that the material provisions—such as who is to receive the property—be in the author’s handwriting.

Assuming a holographic will is permissible under state law, in most cases it will be valid only if the author states his or her intent to make this their formal will (as opposed to a set of handwritten notes). They must also clearly describe the assets covered and identify the beneficiaries to whom they are giving those assets. And finally, the holographic will must also be signed by the author, and in some states it must be dated as well.

Legal experts have pointed out that one of the biggest issues with holographic wills is that they are exposed to potential fraud because they normally don’t require a witness or a notary.

King, who had been married eight times to seven different women, left behind a messy estate even by celebrity standards. His holographic will reportedly left his estate equally to his five children, two of whom had died in 2020, after the will was written, but before King himself died. Complicating things is the fact that King had filed for—but hadn’t completed—a divorce from his wife Shawn. Shawn is arguing that the will may have been written under questionable circumstances.

Holographic wills aren’t used very often, but when they are, it’s often because the author is in imminent danger of death, and has not already made a will or wishes to change it. One early example of a holographic will involves the case of Cecil George Harris, a Canadian farmer who died in 1948. On the morning of June 8, Mr. Harris informed his wife that he would be out working on the family farm with his tractor, and not to expect him back for 10 to 12 hours.

Tragically, while out working at the farm, Harris got into an accident with the tractor and ended up being pinned underneath it. Realizing he was now in serious trouble and not expecting help anytime soon, Harris pulled out his pocket knife and etched his holographic will into the tractor’s fender. The message simply read “In case I die in this mess I leave all to the wife. Cecil Geo Harris.”

Harris did not survive the accident. The fender was later submitted to the probate court, and the court accepted the scratched message as a valid will.

As simple as it is to put together a holographic will, doing so can cause headaches for the people left behind. Just ask the families of Larry King, Aretha Franklin and others. Most people instead use an estate-planning attorney to put together their will. If you want to make sure your assets are handled according to your wishes, that would likely be the best bet.

Sources

Haman, Edward A., Esq. “Holographic Will: Is a Handwritten Will Valid?” LegalZoom.com, March 18, 2021. Accessed May 6, 2021. https://www.legalzoom.com/articles/holographic-will-is-a-handwritten-will-valid

Lenok, David H. “Celebrity Estates: Larry King’s Holographic Will.” WealthManagement.com, March 8, 2021. Accessed May 6, 2021. https://www.wealthmanagement.com/estate-planning/celebrity-estates-larry-kings-holographic-will

Ramsey Solutions. “What Is a Holographic Will?” RamseySolutions.com, February 26, 2021. Accessed May 6, 2021. https://www.daveramsey.com/blog/holographic-will

Sheluk, Judy Penz. “Cecil George Harris.” JudyPenzSheluk.com, September 12, 2020. Accessed May 6, 2021. http://www.judypenzsheluk.com/facts-in-fiction-2/cecilgeoharris/

Sulkin, Anna. “Larry King’s Handwritten Will Throws Estranged Wife a Curveball.” WealthManagement.com, March 3, 2021. Accessed May 6, 2021. https://www.wealthmanagement.com/estate-planning/larry-king-s-handwritten-will-throws-estranged-wife-curveball

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