By the Estate Planning Attorneys at Garg & Associates, PC, serving The Woodlands, Spring, Houston, Conroe, Humble, Kingwood, Tomball, Cypress, Huntsville, Westchase, Southwest, Sugar Land, West Oaks, Alief, Memorial, River Oaks, Stafford, Katy, and Missouri City.

HOLOGRAPHIC (HANDWRITTEN) WILLS

A  “Holographic Will” is a Will drafted and signed entirely in the testator’s own handwriting. As long as certain statutory requirements are met, such Wills can be admitted to probate.

A primary requirement for the validity of a Holographic Will is that it be wholly handwritten; that is, no portion of the Will may be typed. Other basic requirements for a Will to be held valid must also fulfilled, such as the requirement that the testator have testamentary capacity, and create the Will free from duress, fraud or undue influence. Holographic Wills dispense with the witnessing requirement, and therefore disinterested persons need not be present to witness and attest to the testator’s signature when this type of Will is used.

A Holographic Will can be written on any material or surface, as long as the other statutory parameters are met. For instance, cases have come to the probate courts in which Wills were written on notebook paper, nightgowns, or even farm equipment. Holographic Wills are often used in situations of grave health or significant danger, when an attorney-prepared Will is either pending or unfeasible. If the circumstances allow for time and availability of consulting with an attorney, it is strongly suggested that you have a clear, properly-drafted, and properly-executed Will created by the experienced Estate Planning attorneys at Garg & Associates.

When individuals undertake drafting their own wills, common pitfalls are that handwritten provisions will be mixed with typed provisions, clauses will be scratched out or overwritten, or portions will be illegible. When you undertake writing your own Will, much room is left for error and statutory violations.

Further problems may arise when a probate court looks to interpret a Holographic Will, particularly when it has been written by a lay person. If the instrument does not dispose of all of the deceased person’s assets, the property will pass to his or her heirs through Texas’ default intestacy laws, as if no Will had been created at all. If the handwritten Will disposes of more property than the testator owns, does not use clear language for bequests and devises, or does not contain sufficient language to appoint an independent executor, even more significant pitfalls may arise.

Therefore, while properly created Holographic Wills may be used as a backstop when time is of the essence, it is strongly recommended that if your circumstances allow, you look to the qualified Estate Planning attorneys at Garg & Associates for the creation of a formally-drafted and formally-executed Will.

Call Garg and Associates today at 281.475.4640 or complete our Contact Form and let us assist you with your wills and trusts.