Are hand written Wills legal in Texas?

Question

Is a hand written (or holographic) Will legal in Texas? And does it have to be recorded?

Answer 1

quoting from the website:
http://www.premack.com/columns/2004/2004-12-07.htm

"Under Texas law, there are three ways that you can create a legally valid will. First, a spoken Will is authorized by a law dating to 1879. You cannot use a spoken will for more than $30 worth of personal items unless three witnesses hear the Will spoken. You cannot give away land using a spoken Will. These limits, and others, are why spoken Wills are not used today."

"Second, a handwritten Will is valid under Texas law if it 1) is entirely in the handwriting of the Will’s maker, 2) contains the date on which it was written, and 3) is signed. Witnesses are not required. However, handwritten Wills are discouraged because while they may be legally valid, they may end up being more expensive to probate than a formal Will if they fail to allow independent probate and waive the executor’s bond."

"Handwritten Wills can also be less reliable. For instance, if any part of the Will is not handwritten (is typed or preprinted) the Will is not valid. If words are used incorrectly, the Will’s meaning may be misinterpreted (the everyday use of a word may not match its legal use)."

"Third, a formal Will is the most thorough choice. To be legally valid, a formal Will must be dated, signed, and be witnessed by two persons who are fourteen or older. To confirm the Will’s validity and eliminate the need for the witnesses to appear in court when the Will is probated, it should also have a specially worded self-proving affidavit. The self-proving affidavit must be signed by the Will’s maker, by the witnesses, and must be notarized. That results in two sets of signatures on each Will."

Answer 2

This Site Might Help You.

RE:
Are hand written Wills legal in Texas?
Is a hand written (or holographic) Will legal in Texas? And does it have to be recorded?

Answer 3

Most wills can be contested if they are not legally signed by at least one witness (who is not a relative of the person for whom the will is for, and also if they are not left something via the will) and the signature must also be verified by a notary public. In some states if a will does not have this, it is not legal at all, and in all the states I know of, a will can be contested (and usually broken in court) if is is not legally witnessed and the signature is verified. Even those wills you can down load off a computer or get at an office supply store (that claim they are legal).

Answer 4

Holographic Will Texas

Answer 5

I think you can but I also think you would need to get a lawyer to verify it as it is a legal document. Most will laws are pretty similar whether you live in the UK or Texas.

Answer 6

Is A Handwritten Will Legal

Answer 7

LAW OFFICES OF ANDERSON & ANDERSON
P. O. BOX 317, 213 KERNOHAN
CROSBY, TEXAS 77532
[phone]; FAX [phone]

E-MAIL: [e-mail]
URL: http://home.earthlink.net/~laanderson

Answer 8

As long as it is notarized, witnessed and covers all basis...yes.
However, there is a great inexpensive website for wills I would suggest www.legalzoom.com

Answer 9

Quit trying to get off cheap. This is your inheritance we're talking about. See a lawyer.

Answer 10

It's acceptable, but has to be notorized in order to make it legal and make it effective.