Ohio Court Approves Will Written on Samsung Tablet

An Ohio Judge has allowed the admission of a will that was written with a stylus on a Samsung Tablet.  According to the man’s two brothers, the decedent had no paper, and was in the hospital expecting to die.  He told one of his brothers how he wanted his estate distributed, and his brother wrote the provisions on the tablet.  The decedent then signed the tablet in the presence of his brothers.

In Oklahoma, it is likely that a Judge would rule the same way.  Oklahoma recognizes three basic types f wills

1: Nuncupative Wills, which are wills that are dictated to another when a person believes his or her death is imminent while in military service or where the person suffered a mortal trauma on the same day as the will was dictated.  The amount of the estate can be no more than $1,000.00 and there must be actually witnessed by two people.

2:  Holographic Wills, which are wills that are entirely written, dated and signed by the hand of the decedent.  There is no requirement for witnesses, but the entire will must be hand written.

3:  Statutory Wills, which must be signed in the presence of at least two witnesses and declared by the person to be his/her last will and testament.  The will must be signed by the person, or by another at the express direction of the person making the will.  The statutory will  can be made “self proving” by having a Notary execute an acknowledgement of the signatures of the person making the Will and the witnesses.  If a Will is self-proving, it is not required that a witness to the Will testify when the Will is offered for probate.

In the Ohio case, and in Oklahoma if presented, the Will presented is the Statutory Will, but is not self proved.  Therefore the witnesses were required to testify to have the will admitted.

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2 Responses

  1. Reblogged this on Idaho Trustee and commented:
    As I recall from the myriad statutes I’ve seen over nearly 30 years, there is no requirement that a holographic will be written on paper. Here’s a new twist – when we see the first digital holographic will in Idaho?

  2. Oklahoma statutes were written in the early part of the century. The only tablets they cared about were the ones carried by Moses.

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