Holographic Wills and the Case of Anne Heche
Episode 204 – A holographic will is basically a handwritten document that could be someone’s last will and testament. But can an email also be a holographic will? The recent death of Anne Heche has raised this question.
Transcript of Podcast Episode 204
Hello this is Bill Rainaldi, with another edition of Security Mutual’s SML Planning Minute. In today’s episode, holographic wills and the case of Anne Heche.
We first talked about holographic wills in May of 2021 during episode 125. As we pointed out, the term “holographic will” sounds like something out of science fiction, but it’s a misnomer since the wills don’t use technology at all. It is a last will and testament done with pen and paper–handwritten and unwitnessed. It’s actually a mystery where the term 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 only accept handwritten wills from a soldier in an active combat zone. Some states require the entire will be in the author’s handwriting, while others only require 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 only be valid if the author states his or her intent to make it their formal will, rather than just 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 they are exposed to potential fraud because they normally don’t require a witness or a notary.
The last time we discussed holographic wills was in the aftermath of Larry King’s death. King – who had been married eight times–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 was the fact that King had filed for—but hadn’t completed—a divorce from his wife Shawn. Shawn had argued the will may have been written under questionable circumstances. The issues remain unresolved to this day.
In the case of Anne Heche, a well-known actress who died in August, controversy has erupted between her son, Homer Lafoon, and James Tupper, her romantic partner from 2009 to 2018. There have been multiple accusations between these two. Lafoon accuses Tupper of interfering with his attempts to communicate with his 13-year-old half-brother, who is Tupper’s son. For his part, Tupper claims Lafoon was estranged from his mother at the time of her death.
At issue is a 2011 email, sent by Heche to Tupper, that Tupper claims is her holographic will. Tupper says the document also names him as the estate administrator.
It’s been well established that a holographic will can be a valid legal document if it’s in that person’s handwriting and it’s been signed by someone in sound mind and without any undue influence. But an email? That’s a new one.
Heche’s son, Lafoon, has argued the email does count as a holographic will because it is unsigned and not in Heche’s handwriting.
The email reportedly splits the estate between her two children. Tupper, the ex-partner who claims it is a holographic will, is not a beneficiary. It is believed that his financial interest in this case involves the fees customarily paid to the administrator. Either way, it may take years, and a lot of money, to resolve these issues.
As with the case of Larry King, Anne Heche’s death is yet another reminder of how important it is to have a properly executed and documented will. It is your best bet if you want to make sure that your assets are handled according to your wishes.
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