A holographic will is described in Texas statutes as a will completely written in the person’s own handwriting that does not require having witnesses sign it. It is one of two types of wills that the State of Texas recognizes. The other will Texas recognizes is a last will and testament, which must be in writing, signed by the person writing the will, and have two witnesses above the age of 14 who attest to the will’s signing.
The upside of a holographic will is that it costs you nothing to write one, and it is better than having no will at all. However, the downside is that most people do not understand the laws involved with probate and factors that go into writing a legally sound will. A holographic will often creates problems for your loved ones due to ambiguities or aspects of probate that it doesn’t cover. An ambiguous will is open to interpretation, and therefore is often subject to being contested.
Points that people writing a holographic will often fail to cover include:
- Noting that the document is your last will and testament
- Making sure all property is included in the will
- Naming an executor to handle the estate
- Signing and dating the will
- Attesting to the fact that you were of sound mind when signing the will
It is always wise to seek legal advice from an attorney who has experience in drafting wills and handling matters involving estates and probate. Spending time on a properly drafted will can save your loved ones added expense and time. At C.E. Borman & Associates, we work closely with you, are glad to answer your questions and take the proper measures to protect your interests.