S writes on the back of a lottery ticket: 'This is my will...'. Can this be probated if holographic wills are recognized in S's state?

• A. No, lottery tickets can't be will
• B. Yes, always
• C. No, because it was not witnessed
• D. Yes, if S lives in a state where holographic wills are recognized

Answer: (D)

The concept tested is how holographic wills are treated in probate. In states that recognize holographic wills, a will written entirely in the testator’s own handwriting and signed by the testator can be valid even without witnesses, as long as it shows testamentary intent and disposes of property.

Here, S writes on the back of a lottery ticket, saying “This is my will.” If that writing is in S’s handwriting, signed by S, and the state recognizes holographic wills, it can be probated because the instrument meets the basic requirements for a holographic will. The outcome depends on state law, not a universal rule.

That’s why the best answer is: yes, if S lives in a state where holographic wills are recognized. The other choices are too absolute or rely on factors (like requiring witnesses) that holographic-will rules in many states do not require.