Can a testator make hand written changes to a will

Robert Ray

Can A Testator Make Hand Written Changes To A Will?

 

As a general rule, if a will is not “wholly” in the handwriting of the testator, it must be attested to by two credible witnesses.

If a testator attempts to make handwritten changes to a written will, those changes must be witnessed by two credible witnesses unless the handwritten parts are separate from the written will, in which case it would be a codicil to the original written will not handwritten changes on the original will.

If a testator wants to make handwritten changes to the written will the changes must be attested to by two credible witnesses. So you might have a situation where there is a will that is attested to by two credible witnesses and then handwritten changes on the written will that are attested to by the same witnesses on the original will or by new witnesses just to the handwriting changes. In the last situation, you would have four witnesses in total! 05-12-01420-CV.

UPDATES

There are new cases all the time that clarify or change the law on inheritance disputes. Keep up-to-date by subscribing to our blog.

'

Subscribe

Recent Posts

Bill of Review

Bill of Review

Bills of Review in Texas When a case doesn't turn out the way you want in the trial court, you appeal to the court of appeals. But what can you do if you didn't know about the case or didn't learn of a trial setting until an appeal was too late? A bill of review...

Don’t Use Wills Found on the Internet

Don’t Use Wills Found on the Internet

The IssueIn a case out of the Fort Worth Court of Appeals, the issue was what power did the trustee have to distribute or not distribute assets of the trust.The beneficiaries of the trust sued the trustee to require him to distribute the assets to them. The trustee, a...

WHAT CONSTITUTES A SIGNATURE ON A WILL

WHAT CONSTITUTES A SIGNATURE ON A WILL

What constitutes a signature A holographic will is one that is wholly in the handwriting of the testator and signed by him. What constitutes a signature is often contested. Texas recognizes holographic wills but other states do not. The difference between a...

Precatory words in a Texas will

Precatory words in a Texas will What are precatory words? Precatory words are words that are a request or a desire. These are seen mostly in self-made wills. The problems with these words are:  do the words pass title? Examples of precatory words Occasionally, when...

When is a handwritten document a holographic will?

Holographic wills In a case decided in 2019, 14-18-00256-CV, a man named Silverman wrote the following on a piece of paper: 10/26/15 Karen Grenrood is my executor, administrator, [and] has all legal rights to my estate in the case of my untimely or timely death. Very...

The slayer rule doesn’t always apply

Texas Slayer Rule Recent UK case on the Slayer Rule The Texas Slayer Rule is different from other state's and countries' rule but has procedures to accomplish the same end result. See this discussion. The Texas Slayer Rule is a rule that court's use to prevent a...

The Author

Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.
© Copyright 2023 | All Rights Reserved.

Pin It on Pinterest

Share This