What is a “Holographic” Will in Texas?

No, this blog entry is not about a will written by a hologram.  Sorry, Tupac!

A holographic will is a will that is written entirely in the handwriting of the person making the will (the “testator”).  

And “entirely” means exactly that – there can be absolutely nothing printed out (say, from something you found on the internet or in a form book) where blanks are filled in by the testator in his handwriting.  It cannot be something that another person prepared for the Testator to sign.

To be valid in Texas, a holographic will must still be signed by the Testator (who must be a legal adult) and executed with “testamentary intent” – in other words, the document must reflect that the Testator is of sound mind and intends for that document to create a disposition of his property that will take effect only after his death.  

However, unlike a typical written will, you do not need at least two witnesses for the holographic will to be considered valid and enforceable in Texas.

By: Cynthia W. Veidt (Austin Attorney)

What are the Requirements for a Valid Texas Will?

In general, to be valid and enforceable in Texas, a will must be:

- Written;

- Signed by the person making it (the “Testator”) who must be a legal adult;

- Executed with “testamentary intent” – in other words, the document must reflect that the Testator is of sound mind and intends for that document to create a disposition of her property that will take effect only after her death;

- Signed by at least two witnesses who must be over the age of 14 and not beneficiaries in any way under the will; and

- Signed by the witnesses in front of the Testator.

The Testator, by the way, does not have to sign the will in front of the witnesses, and the witnesses do not need to both sign at the same time.  The will does NOT need to be notarized in order to be valid, although signing it before a notary can make the will “self-proved” for future purposes and is strongly recommended.

Sometimes, the will can be entirely handwritten by the Testator and be valid even without any witnesses, although caution should be made since this exception is very limited.  See our blog post about a “holographic will.” 

Texas also recognizes a very, very limited exception for a valid “oral” (unwritten) will.  See our blog post about an “oral will.”

By: Cynthia W. Veidt