Fundamentals of Surveying (FS) Practice Exam

What characterizes a holographic will?

1. It devises real property only

2. It is written entirely in the testator's own hand

3. It leaves all property to the eldest son

4. It cannot be overturned

The correct answer is: It is written entirely in the testator's own hand

A holographic will is characterized by being written entirely in the testator's own handwriting. This type of will is typically recognized in many jurisdictions as valid without the need for witnesses, as long as it meets certain criteria established by law. The handwriting requirement is crucial because it provides clear evidence of the testator's intentions and authenticates the document as personally created, distinguishing it from other forms of wills which may require notarization or witnesses. The other options do not accurately define a holographic will. For instance, holographic wills are not limited to devising only real property; they can address personal property as well. A requirement to leave all property to a specific heir, such as the eldest son, is not a characteristic of holographic wills—they can be structured in any manner the testator chooses. Finally, while any will can be contested under certain circumstances, claiming that a holographic will cannot be overturned ignores the legal framework that allows for challenges based on issues like capacity or undue influence.