Almost Heaven: Why Holographic Wills in Rural Pennsylvania Make Logical Sense

 

This guest post is from Autumn Miller, Regent Law 2L:

           “. . . Life is old there, older than the trees . . .” are words so familiar from the famous John Denver song Take Me Home, Country Roads. However, the reality is that life in West Virginia – which became a state on June 20, 1863 – is not nearly as old as Pennsylvania. Pennsylvania became the second state on December 12, 1787. Thousands of German, Finnish, Welsh, Scottish, etc. immigrants moved towards the western part of Pennsylvania, moving further after the Proclamation Line of 1763 ended in the Appalachian Mountains.

           The culture on top of the mountain differs from life in the “valley.” Those living in the modern 21^st Century would be appalled by the simple living people still do. While I have lived in the “valley” most of my life, most of my family live secluded and isolated up in the Appalachian Mountains at some point along the incredible 230 miles of mountain the range takes up in the Commonwealth. A fact usually brought up by the family members who live in the mountains is how ridiculous it is that Walmart is over an hour's drive away above Selinsgrove, sometimes more depending on the road conditions on the mountain. While there is running water and electricity, you will be hard-pressed to find many modern-day luxuries.

           One thing is for sure: while most of those who live in the mountains are friendly individuals, just as those in the “valley” or other parts of extremely rural Pennsylvania, they enjoy being left alone to live their happy, simple lives. This is why holographic wills make sense in Pennsylvania. A holographic will is a handwritten will, written and signed without the presence of witnesses. Very few states allow such a thing due to the Wills Act or state law prohibiting allowing wills signed without witnesses. The nature and culture of the Appalachian Mountains already create a natural distrust for anyone not attuned to their usual way of life. The suspicion for attorneys is pretty standard for those who live in rural areas, where most people would solve their disputes independently. Most attorneys are not perched on the mountaintops, which requires those up in the mountains to come down to the valley. Coupled with the long distance, the distrust of attorneys, and the amount of money attorneys cost, there is little incentive to make the trip to write a document that will cost the person too much money. There is far more benefit in writing their own will that does not involve interrupting an entire day.

           The mountains hold a deep and old way of life that does not appear willing to bend to modern comforts. Even the Commonwealth statutes reflect this ancient way of life, allowing them to live as freely as they desire.