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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 You Incorporate Another Document Into Your Will In Texas?

Incorporate another document into your will in Texas

Incorporate another document into your will in Texas

Some Texas wills make reference to documents outside the will to dispose of property. If the other document is sufficiently identified and was in existence when the will was made, such a will can be valid.

Problems with incorporating other documents

Most of the time, however, references to documents outside the will can lead to someone contesting the will in Texas. To survive the challenge, the documents must be clearly identified  and the testator must indicate that he is incorporating the document into his will. Words such as “attached” or “pursuant to” in reference to the other documents are not enough to indicate that the testator wanted to include them in his will. Also, generally identifying documents rather than specifically identifying them may invalidate the will.  452 S.W.2d 560.

How to avoid problems

As you can see from this article, problems may arise if a will is not executed properly and in the standard way. While some wills will pass muster if they incorporate other documents into them, it is best not to do that. To properly prepare a will, a competent attorney should be contacted. While we do not prepare wills since our practice is limited to litigation involving inheritance disputes, everyone is urged to go to an attorney to have their will prepared to avoid a will contest in Texas.

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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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