A person writes on the back of a lottery ticket: “This is my will. I give all of my property to X.” Can this document be probated as a holographic will if the state recognizes holographic wills?

• A. Yes, if the state recognizes holographic wills.
• B. No, because it lacks witnesses and is unwitnessed.
• C. Yes, always valid as a will.
• D. No, lottery tickets cannot be wills.

Answer: (A)

Holographic wills rely on the testator’s own handwriting and intent to dispose of property after death. The essential pieces are that the writing is in the testator’s handwriting, shows a clear testamentary disposition, and is authenticated in a way that the state recognizes (some states require a signature, others do not if the handwriting clearly comes from the testator).

Here, the note on the back of a lottery ticket is handwritten by the person and states that it is their will and that all property goes to X. If the state in question recognizes holographic wills and the document meets that state’s specifics (such as proper handwriting throughout and appropriate authentication), it can be probated as a holographic will. The lack of witnesses is not fatal in states that recognize unwitnessed holographic wills. This is why the answer depends on state recognition: it can be probated if the state accepts holographic wills and the document satisfies its requirements.