Holograph Will
A will written entirely in the testator's own handwriting — the workbook treats this as good evidence of a genuine will, distinct from a typed will or one drafted by someone else.
In plain language
A will can be typed, printed, or drafted by a lawyer and simply signed by the testator. A holograph will is different: it is written entirely in the testator's own hand, start to finish.
The workbook treats this as a mark in its favour. A will that is completely handwritten by the person making it is considered a good will, precisely because the handwriting itself is evidence that the words are genuinely the testator's own.
How it works
The workbook places holograph will among its list of named will types, alongside conditional, joint and mutual, duplicate, concurrent, sham, and privileged wills.
The definition is narrow and literal: the entire document must be in the testator's own handwriting for it to be a holograph will. A document that is typed and merely signed by hand, or one where only part is handwritten, does not qualify under this specific name — it is simply an ordinary will, still valid if it meets the Act's general requirements of sound mind, free consent and proper attestation, but not a holograph will in this technical sense.
The workbook does not exempt a holograph will from the ordinary requirements for a valid will — testamentary capacity, freedom from undue influence, and (where used) attestation. Being handwritten is a point in its favour on authenticity, not a substitute for those other conditions.
A worked example
Illustrative figures — the workbook describes the concept without rupee values, so these numbers are for illustration.
Mrs Kulkarni, in sound health and of sound mind, sits down and writes out her entire will by hand, leaving her flat worth Rs 85,00,000 to her daughter and her fixed deposits of Rs 15,00,000 to her son, then signs and dates it herself. This is a holograph will — every word is in her own handwriting.
Had she instead typed the same document on a computer and only signed it by hand at the bottom, it would still be a perfectly valid will if properly executed and attested, but it would not be a holograph will, because the body of the document was not written in her own hand.
Why NISM asks about it
Chapter 15 (Tools for Estate Planning), section 15.2.2, "Types of will," lists holograph will as the fourth of seven named types, immediately after duplicate will and before concurrent will. Expect a recall question naming the types of will and matching each description to its name.
Common exam traps
- The whole document must be handwritten by the testator, not merely signed by hand — a typed will with a handwritten signature is not a holograph will.
- Being handwritten does not exempt it from the ordinary tests for a valid will — testamentary capacity and free consent still apply in full.
- This is a named category among several will types — do not confuse it with a duplicate will, which is about having two signed copies of the same document, not about handwriting.
Where this is taught
Free preparation for NISM Series X-BRelated terms
- Concurrent WillTwo separate wills written by the same testator — typically one for property in each of two countries — treated as independent, though both must go to probate together if they are related.
- Conditional or contingent WillA will that takes effect only if a stated condition or contingency occurs — if the condition fails, the will has no legal force, and probate cannot be granted on it.
- Joint WillA Will made by two or more persons, valid in Indian law, recognised as two Wills and intended to take effect after the death of both testators, with each testator disposing of property as an individual Will.
- Sham WillA document executed with all the formalities of a Will but without any intention of testamentary operation — it is a nullity, because intention is the primary characteristic of a valid Will.
- TestatorThe person who makes a Will — Section 2(h) of the Indian Succession Act, 1925 defines a Will as the legal declaration of the testator's intention about his property, to take effect after his death.