A will directs how a person’s property will be distributed after their death. They appoint a personal representative for their estate and parents can appoint guardians and create simple trusts for their minor children. What happens if your loved one hand wrote their will? Our Houston estate planning lawyers can help you determine if the handwritten will is valid in Texas.
Handwritten Wills Can Be Legally Binding in Texas
A handwritten will is called a holographic will. Texas recognizes handwritten Wills if they meet specific requirements. The legal requirements for a handwritten in Texas are:
- The testator (the person making the will) must be 18 years of age or older, unless the person is in the military or is legally married
- The testator must be of sound mind
- The testator must write the entire will by their own hand
- The testator must sign the will
Typed wills must have witnesses to be valid and must be notarized in front of a notary public. However, a handwritten will does not need witnesses to be valid.
What Happens if a Handwritten Will Is Not Valid in Texas?
A court may determine that the handwritten will is invalid because it does not meet the requirements for a holographic will. If so, the courts treat the situation as if the person never had a will. Therefore, Texas intestate laws apply.
Intestate laws determine who can inherit property from the estate and in what order they do. Unfortunately, intestate succession could result in the deceased’s wishes being ignored.
Other problems that could arise with a handwritten will include:
Challenges to the Will
Your heirs, creditors, or other interested parties may contest a handwritten will. They may believe they can win their case because the will is handwritten. They could claim that you were unduly influenced or someone tricked you into writing the will.
Unfortunately, the process of proving your will could be costly and time-consuming for your estate. The people who suffer the most are your heirs because they must wait until the will is proven valid before receiving their inheritance.
Overlooking Key Provisions
When you handwrite your will, instead of consulting an attorney, you could leave out key provisions because you are unaware of the need to include them. For example, you might not know that you need to name a guardian for your minor child or create a trust for their inheritance. You may not name a replacement personal representative if the person you name to manage your estate predeceases you or cannot serve.
The Terms of the Will Are Unclear
A court could rule that a holographic will is invalid if the testator’s intent is unclear. When a person writes their will, they understand what they mean. However, their words may not be apparent to the court or their family members. An attorney ensures your intent is clearly explained so there is no question about what you want to happen to your estate.
Schedule a Free Consultation With Our Houston Estate Planning Attorneys for More Information
Our Houston estate planning lawyers at Capstone Legal Strategies, PLLC, can help you develop an estate plan that addresses your needs and desires. A will is just one component of a comprehensive estate plan. Talk with our attorneys about the estate planning documents you need in addition to your will.