Does anyone know if a holographic will is legal in texas?

Question

I need to know about a hand wriiten will or does it have to be typed? what all has to be done to make it legal. I have heard that it is legal and you need to sign it and 2 witness . Is this true and will it hold up in court.. Need help badly.

Answer 1

It is absolutely legal in Texas. It needs to be entirely handwritten, by your own hand. The Texas courts will consider either typed language OR handwritten language for testamentary intent in a will, so do not use a form where you fill in the blanks.

Technically, you do not need to sign it if it is in your handwriting, but it's far better if you do. No witnesses are necessary, but again, get two witnesses to actually witness you signing the document. These witnesses cannot be beneficiaries under the will, or you will jeopardize their inheritances.

I don't recommend going with this form for the simple reason that while Texas has very loose laws on what will pass as a will, other states do not. If you are not domiciled in Texas when you die, this will will likely not be valid in any other state.

Answer 2

A holographic will is a will and testament that has been entirely handwritten and signed by the testator. Normally, a will must be signed by witnesses attesting to the validity of the testator's signature and intent, but in many jurisdictions, unwitnessed holographic wills are treated as valid as witnessed wills and need only to meet minimal requirements in order to be probated:

There must be evidence that the testator actually created the will, which can be proved through the use of witnesses, handwriting experts, or other methods.
The testator must have had the intellectual capacity to write the will, although there is a presumption that a testator had such capacity unless there is evidence to the contrary.
The testator must be expressing a wish to direct the distribution of his estate to beneficiaries.

Holographic wills are common and are often created in emergency situations, such as when the testator is alone, trapped and near death. Jurisdictions that do not generally recognize unwitnessed holographic wills will accordingly grant exceptions to members of the armed services who are involved in armed conflicts and sailors at sea, though in both cases, the validity of the holographic will expires at a certain time after it is drafted.


here's the problem: only 30 of 50 states recognize it. You should consult the texas bar on this one

Answer 3

See dukalink above for the general definition of a holographic will.

Casual research (Yahoo search) indicates Texas cases that refer to holographic wills as being valid. Adding competent un-involved witnesses to the will makes it more likely to be considered valid.

If you have any significant amount of money or property involved, it's worth paying for an hour of an attorney's time to verify that you have created the will in accordance with your state's requirements. A few hundred spent now can save months of legal proceedings and tens of thousands of dollars later.

Answer 4

yes, it should hold up in court. Also you can have it signed by a notary public.