Dallas Probate Lawyer: RECOGNITION OF HANDWRITTEN WILLS IN TEXAS

Posted on | September 30, 2011 | No Comments

Dallas Probate Lawyer:

Texas is among 20 or so other states that recognize handwritten wills, known as a holographic wills. A holographic will must be completely in the Testator’s handwriting and signed by the Testator. A holographic will can be written on anything, even a paper that contains printing, as long as the printed words are not incorporated into and made part of the will. Holographic wills also do not have to be dated or made in the presence of witnesses.

If holographic wills are valid in Texas, then why is it necessary to have a formal attested will you might ask? Litigation is prevalent when a holographic will is admitted to probate; the most commonly litigated question concerning holographic wills is whether a letter or other written document is intended to be a will. In order for holographic wills to be entitled to be probated, it is essential that testamentary intent be shown.

In order to avoid litigation, it is highly recommended that you have an attested will (contains the necessary testamentary intent and is signed in the presence of two uninterested witnesses over the age of 14) drafted by an experienced estate planning attorney. Please call The Wright Firm, LLP today for all your estate planning needs at 972-353-4600 or visit our website at www.thewrightlawyers.com

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