UNSOLVED MYSTERIES: Was Rey’s “Note” a Holographic Will?

After a 10-year absence, Unsolved Mysteries has returned. With a 12 episode season planned for this year, the first six episodes were available to stream on Netflix on July 1, 2020. In typical Unsolved Mysteries fashion, the episodes left you with more questions than answers. (I have so many questions about the alien episode! I hope more people come forward with stories.)

The first episode, “Mystery on the Rooftop,” focuses on the tragic death of aspiring filmmaker Rey Rivera. While the hole on the rooftop way mysterious in its own right, I instead wanted to spend some more time on the “note” that Rey’s wife found. Specifically, is the note a Holographic Will?

Short Answer: No.

After Rey disappeared, his wife found a folded up piece of paper behind his computer monitor. While Rey’s note seemed to be the ramblings of a mad man, it does not change the fact that Holographic Wills can be almost anything. In a famous case, a man was pinned under a tractor and wrote his Will on the fender with a pocket knife – read more HERE.

In Idaho, a Holographic Will is “A will … is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.” I.C. 15-2-503. In non-legal terms, a Holographic Will is a will that you handwrite and sign.

Notice the word “handwritten” is included. Despite the prevalence of computers in today’s society, if you type up your Will and print it out, it will not be a valid Will if it is just signed. (In that case, you will need two witnesses). This is a mistake that many clients make, which unfortunately means their last wishes may not be valid.

Also, some big box stores sell Will-Kits where the Will is pre-printed, and you fill out certain areas with your wishes. As stated above, only the handwritten portions of the document will be considered valid if the document is only signed.

For a valid Holographic Will, you must actually get out a pen and a piece of paper, and write down your last wishes. Then you must sign the document.

In Rey’s case, his “note” was typed up, and it was not signed. So even if he described some sort of disposition of his property, the Will would not have been valid under the laws of Idaho.

(Side note – Idaho currently does not allow video wills either.)

We also suggest to our clients that if you make a Will, do not hide it. There is no point in creating a Will and putting down your wishes if no one can find the document.

I hope everyone enjoyed the first six episodes of Unsolved Mysteries as much as I did. I’m not sure when the next six episodes will be airing, but hopefully, they have some updates on the first six.

If you have questions about your Holographic Will, or want to work with an attorney in getting a more professional Will drafted, you can book a Complimentary Strategy Session with our firm HERE.