South Dakota Statutes

§ 29A-2-502 — Holographic will--Validity of non

South Dakota·Title 29A UNIFORM PROBATE CODE·Ch. 29A-2 INTESTATE SUCCESSION AND WILLS
(a)A will is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.
(b)A will not valid as a holographic will must be:
(1)In writing;
(2)Signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and (3) Signed in the conscious presence of the testator by two or more individuals who, in the conscious presence of the testator, witnessed either the signing of the will or the testator's acknowledgment of that signature.
(c)Intent that the document constitute the testator's will can be established by extrinsic evidence, including, for holographic wills, portions of the document that are not in the testator's

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Related

Estate of Ducheneaux v. Ducheneaux (In Re Estate of Ducheneaux)
2018 SD 26 (South Dakota Supreme Court, 2018)
3 case citations

Legislative History

SL 1995, ch 167, § 2-502.

Nearby Sections

15
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