The State of the States: 2023The State of the States: 2023

State legislatures have been very busy on several trust and estate-related fronts. Here’s an update on key planning developments across the country, through Nov. 30, 2023. 

Holographic Wills

Holographic wills came front and center as a result of the well-publicized bitter and prolonged family battles over Aretha Franklin’s two competing wills. The controlling handwritten will of the iconic singer, complete with messy handwriting, crossed-out words and scribblings, was found in a spiral notebook under a couch cushion in her home.

While state law varies, a will generally must be: (1) in writing; (2) signed by the testator or at the testator’s direction; and (3) signed by at least two individuals who attest to witnessing the testator’s execut...