September 11, 2020

Is a Handwritten Will Valid?

handwritten willEveryone reaches a point in their lives when it is time to make out a will. A last will and testament is a legal document that gives you full control on how to distribute your estate after you have passed away. Sometimes circumstances and situations arise when you may have to make a handwritten will, also known as a holographic will. Badmus & Associates are Dallas estate planning lawyers who are here to help with your questions regarding your will.

Holographic Will: What Is It?

A handwritten will, or holographic will, is a will that is written by a person who will pass away. There are no witnesses during the writing, and it has not been notarized. This type of will is different than an attested will, which is usually typewritten and has a witness who is present and signs the document. An oral will is another type of will and may be referred to as a deathbed wish. Unfortunately, the oral will has not been valid in Texas since September 1, 2007.

Is It Legal to Make a Handwritten Will?

A holographic will is legal in Texas. It does not need any witnesses to be valid. However, it must be written entirely in the deceased person’s handwriting and also signed at the bottom. Though it does not need a date, you should include one just in case. A will of this type is considered to be self-proving once it is signed, making it easier for a probate court to accept it as a true will. Our Dallas estate planning lawyer can go over more specifics with you if you are considering a holographic will.

Why Write a Holographic Will?

Not everyone has the time or the foresight to plan and write a will. Sometimes things happen quickly, and a will is made at a moment’s notice. There are many reasons why someone would write a holographic will, such as if the person is close to death and has not created a will in the past. Imminent danger can force a person to write a holographic will. Perhaps someone is in a burning building with no hope of escape. The person would quickly write a will so that his estate would be taken care of appropriately after death.

Soldiers who are in the line of fire and people who are lost in the wilderness may also write holographic wills if they feel as though death is imminent.

If you are not in immediate danger of losing your life but want to write a holographic will, our estate planning lawyer in Dallas Texas can discuss the legalities with you. It is important to understand how the court and your family may view your will. We will discuss the specifics and help you to plan your will in the most effective way.

Should I Write My Own Will?

You may want to write your own will if it is very simple. Maybe you are married and want to leave all of your belongings to your partner. If your partner dies before you, you will leave everything to your kids. This is one of the simplest examples and could be a good reason to write your own will. Our estate planning attorney in Dallas Texas will make it easy to understand the laws and how to write a will that does not cause complications after you have passed away.

Badmus & Associates: We Can Help

If you need a Dallas estate planning attorney with knowledge about handwritten wills, we can help. A handwritten or holographic will is legal in Texas, but there are certain requirements that you will need to adhere to. Let our Dallas estate planning attorneys work with you when producing your will so that there are no legal complications in the future.