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Interesting Developments In Inheritance Laws

My practice is limited to trials involving inheritance disputes including will contest, related property disputes and associated torts. To ask privately about a Texas litigation issue involving an inheritance dispute, click the big red button to go to our main site's contact page and ask a question privately.

Can a testator make hand written changes to his will in Texas?

Can a testator make hand written changes to his will

Two Types of Wills

The answer to the question of can a testator make hand written changes to his will depends on the type of will involved. Texas recognizes two types of wills. A typed will and a handwritten will. A handwritten will is called a holographic will.These two types of wills are equally valid but have different requirements.

Typed Will

A typed will is different from a handwritten will because it must be attested to by two witnesses who sign it in the presence of the testator at his request. A typed will can be partly handwritten and partly typed as long as the handwriting portion was part of the will when the testator and witnesses signed it. If a testator has a typed will that he later changes by handwriting on the will, the will is no longer valid unless the will is re-executed with the formalities required by law, e.g. signed by the testator and attested to by two witness who sign it in the presence of the testator and at his request.

Handwritten Will

A holographic or handwritten will, must be wholly in the handwriting of the testator. It cannot have parts that are printed and parts that are handwritten.The handwritten will must be made with testamentary intent and signed by the testator. No witnesses are required. A holographic will can be changed by the testator after it is written by the testator making handwritten changes to it since it is not required to be attested by two witnesses. However, if someone else makes the changes to the handwritten will, it is no longer “wholly” in the handwriting of the testator and it will most likely not be admitted to probate. 162 s.w.2 95, 757 S.W.2d 117.

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We handle litigation involving inheritance disputes. We don't prepare wills. We handle a select few cases on contingency. Don't use a comment to ask a personal question about an inheritance issue because your name and comment will be public. To ask a litigation question and to protect your privacy, click the red button to the right.


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