South Dakota Codified Laws 29A-2-502. Holographic will–Validity of non-holographic will–Establishing intent
(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:
Terms Used In South Dakota Codified Laws 29A-2-502
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Testator: A male person who leaves a will at death.
(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 handwriting.
Source: SL 1995, ch 167, § 2-502.