Gregory J. Tarone
- Estate Planning
- Business Law
- Entertainment & Sports
- Real Estate Law
- Contingent Fees
- Free Consultation
Jurisdictions Admitted to Practice
|U.S. Supreme Court|
|Georgetown University Law Center - Georgetown University||J.D. (1977)|
|Activities: Board of Editors, Law and Policy in Internatioal Business|
|Georgetown University||B.A. (1973)||English|
|Who's Who In America 1995, 49th Edition, Who's Who In American Law 1996-1997, 9th Edition, and Who's Who in the South and Southwest 1993-1994, Marquis Who's Who, a division of Reed Reference Publishing.|
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Q. Is a completely handwritten will that is witnessed and notarized without a lawyer, still a halographic will?
A: No, not because it is handwritten. That is style, not substantive. New York Estates, Powers and Trusts Law Sec. 3-2.1(b) addresses the informality of statutory execution, acknowledgement, attestation and notarization, which must be strictly fulfilled in their policy substance as recognized under New York law but not prohibiting handwriting instead of a typed document. What is called a "holographic" will is one that is handwritten and signed but does not meet all the attestation and verifying statutory requirements. It is usually done in haste or misunderstanding of the law. Handwriting the will does not make it automatically holographic and there is nothing prohibiting it. Not satisfying the pertinent jurisdiction's execution standards so the will can be submitted to probate makes it holographic if it is handwritten and signed but does not meet all the statutory requirements. Witnesses’ notarized attestation is very significant, but admissible without it in certain special circumstances -- e.g. military in war – when a handwritten and signed will is recognized. If the court can understand the will as handwritten and it otherwise satisfies EPTL 3-2.1(a) requirements, it should be admissible into probate in a New York Surrogate's Court.
Articles & Publications
"Amateur Athletes and Eligibility
Case & Comment, Volume 93, Number 3 at 3
"Florida Athlete Agent Registration Law"
The Sports, Parks & Recreation Law Reporter, Volume 3, Number 3 at 47
"Advising the Amateur Athlete to Preserve Eligibility"
The Florida Bar Journal, Volume 62, Number 2 at 23
"Intermodal Tariffs: A Problem of Conflicting Jurisdictions"
Law and Policy in International Business, Volume 9, Number 2 at 613 (1977).