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 for a Holographic Will?

Yes. According to Texas law, handwriting for a holographic will means any writing done by hand, whether in cursive, print, or a mix of both. The key requirement is that the writing is uniquely identifiable as the testator’s own handwriting. In other words, if your normal handwriting is block letter, you can write your will completely in that script.

Common Questions About Handwritten Wills

Should I get my holographic will notarized?
Notarization is not required for validity, but having a self-proving affidavit can simplify probate.

Can I print my holographic will instead of writing in cursive?
Yes. Printing your will in block letters is acceptable as long as it is done by hand.

Can I type part of my will and handwrite the rest?
No. A valid holographic will must be entirely in the testator’s handwriting. If any part is typed, the will may be invalid if you do not sign it in front of witnesses.

Why Clarity Matters in Handwritten Wills

While holographic wills are legally recognized in Texas, they are often challenged in court due to ambiguities. Most holographic Wills are not witnessed, which may cause disputes about their authenticity. Additionally, handwritten wills may be illegible or contain unclear or conflicting instructions, which can cause disagreements among beneficiaries.

To avoid issues, consider consulting an experienced Texas Will attorney to ensure your wishes are carried out as intended.

Final Thoughts: Is a Holographic Will Right for You?

A holographic will can be a cost-effective way to document your wishes, but it is not always the best or safest option. An experienced estate planning attorney can ensure you comply with all the requirements of a valid Will to ensure your wishes are clearly expressed and legally enforceable.

Updated: February 6, 2025