Texas attorney Rania Combs discusses the statutory requirements of a valid holographic Will and a valid typewritten Will in Texas.
Does a Typewritten Will in Texas Need Witnesses If It is Notarized?
To be valid, a typewritten Will must be signed in the presence of two witnesses, even if notarized. Unfortunately, her mother didn’t know that. Her mother had signed a typewritten Will six months before she died. The Will had the correct formatting and included all the appropriate sections. It clearly identified all her mother’s property […]
What are the Mental Requirements for Making a Will?
A concerned daughter contacted me. Her mother’s Will was outdated, and needed to be updated. She has been wanting to make changes for years, but getting this done now seems more pressing. Her mother is experiencing health issues, and would likely be diagnosed with Alzheimer’s disease soon. A distraught wife contacted me. Her husband has diagnosed with […]
Is A Will Valid if the Testator signed the Will Several Days Before the Witnesses?
Section 251.051 of the Texas Estates Code sets forth the requirements of a valid Will in Texas. It provides that a last will and testament: must be in writing; signed by the testator in person (or another person on behalf of the testator in his presence and under his direction); and attested by two or […]
Can I Make a Will if I am Physically Incapable of Signing a Document?
A Will is an important document. It allows you to specify who will receive your property when you die. To be valid, certain formalities must be followed. For example, if you want to create a holographic Will, it must be completely in your own handwriting and signed by you. A typewritten Will must be signed […]
Defining “Handwriting” for Purposes of a Holographic Will
What Is a Holographic Will? A holographic will is a handwritten will that is entirely in the testator’s own handwriting and signed by them. Unlike traditional wills, it does not require witnesses to be valid under Texas law. However, questions often arise about what qualifies as “handwriting” for this purpose. Does Printing Count as Handwriting […]
Does a Will Need to be Notarized in Texas?
In Texas, Wills do not need to be notarized to be valid. However, the required formalities of a valid Texas Will differ depending on whether the will is an attested Will or a holographic Will. What is an Attested Will? An attested will is the most common type of Last Will and Testament. To be valid, […]
Is an Unsigned Will Valid in Texas?
Last week, I discussed why estate planning is important despite our optimistic outlook for the future. The article was prompted by an email I received about a man, “Tom,” who believed he was well until he started coughing up blood. A specialist diagnosed him with Stage 4 cancer, and he died three weeks later. Tom […]
Does the Absence of a Self-Proving Affidavit Invalidate a Will?
Texas recognizes two types of written wills: An attested will is the most common type of Last Will and Testament. To be valid, it must be in writing, signed by you, or another person at your direction and in your presence, and attested in your presence by at least two credible witnesses over the age […]
Are Videotaped Wills Recognized in Texas?
Texas recognizes only two types of wills: a holographic (handwritten) will, and an attested (typewritten) will. A videotaped will, in an of itself, has no legal effect. In certain cases, videotaping the will signing ceremony may be helpful to show that the testator was competent to make the will and that the formalities of the […]