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HOLOGRAPHIC (HANDWRITTEN) WILLS
Basically, Holographic Wills are Wills that have been entirely handwritten and signed by the testator. In some states, all Wills must be signed by witnesses attesting to the validity of the testator's signature and intent; however, unwitnessed Holographic Wills are treated as valid in Texas. In Texas and many other states, the critical issue with Holographic Wills is that they must be written entirely in the decedent's handwriting. Any parts of Holographic Will that are typed, preprinted, or written by another individual will be completely disregarded – just as if they were not there at all. Other than this handwriting requirement, Holographic Wills must generally meet the same basic requirements of a Will. That is, the testator must have testamentary capacity and intent; and the Will must be executed of the testators' own free will, devoid of any undue influence.
Writing a Holographic Will in an emergency or as a stop-gap measure until a more formal will can be drafted by an estate planning attorney may serve a purpose; however, there are many pitfalls to relying on a Holographic Will to dispose of assets properly. Specific language must be used to establish testamentary intent. Most people who try to save money by writing their own Wills run the risk of not using the proper language. Frequently, improperly written Wills are not accepted into probate and the decendent's estate must be distributed through a process that includes a determination of heirship and, at least the need for two attorneys instead of one. In the end, it is a much more costly proposition than having had an attorney write the Will; and, the estate property may not go to the people the decedent intended to receive it. Additionally, if the Will is not self-proving (which is rarely the case with this type of Will), witnesses, who do not stand to inherit, but who can attest to the decedent’s handwriting, must be called to testify in court.
Simply put, it is not advisable to rely on a Holographic Will. The attorneys at Smith & Garg can handle your estate planning needs, whether they are simple or complex, in a much safer, surer, and more cost-effective manner.
Call Smith and Garg today at 281.210.0010 or complete our Contact Form and let us assist you with your wills and trusts.
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