Tuesday, July 17, 2012

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.