Can a testator make hand written changes to a will

Can a testator make hand written changes to a will

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.

A Gift of “Personal Property” Means all but Real Estate

A will left some specific items to individuals, left “all household and personal property” to Vargas then left a residuary clause. The estate consisted of about $290,00 in bank accounts, stocks, cars and household furnishings.

Vargas contended that she received everything except the specific gifts and that the only thing that passed by the residuary clause was some real estate.

Problem

Was the gift of “all my remaining household and personal property” limited by the term household? Or did it include all money as well?

Answer:

 In a will, an unqualified reference to “property” encompasses everything of exchangeable value that the testator owned, including real and personal property whether tangible or intangible.

“Personal property,” in contrast, excludes real property but otherwise remains broad in definition, including everything other than real property that is subject to ownership.

We reject Mitchell and Vasquez’s argument that Hunt’s combined bequest of household and personal property limits the latter category to tangible items. Hunt bequeathed “all of my remaining household and personal property” to Vargas. Mitchell and Vasquez’s proposed interpretation disregards Hunt’s use of the word “all,” which is incompatible with the limited conveyance of a subset of her personal property. 

“all personal property” means all, tangible and intangible.

In re Estate of Debra A. Hunt, 01-19-00216-CV, (Tex. App. – Houston[1st] Feb. 6, 2020 no pet. h.).

Ruling

  Hunt’s bequest of “all of my remaining household and personal property” is unambiguous—it conveys to Vargas all of Hunt’s personal property other than the family-related items that she gave to Mitchell.

Podcast – revoking a will in Texas

Podcast – revoking a will in Texas

Podcast added!

The topic is “Revoking a will in Texas”

Whether a will has been revoked or not is an issue that comes up in will contest. A recent Texas case showed some of the problems that can arise when one party claims that the will has not been revoked and the other party claims that it has been revoked.

A written will may not be revoked in Texas, except: by a subsequent will, codicil, or declaration in writing that is executed with like formalities; or, by the testator destroying or canceling the same or causing it to be destroyed or canceled in the testator’s presence.

In either case, a testator must have testamentary capacity to revoke a will just has he must have testamentary capacity to execute a will.

When a testator has a will in his possession at his death and the original will cannot be found, there is a presumption that the will was revoked. The interplay between the presumption of revocation and the requirement of testamentary is the subject of the case we discuss in this podcast.

 

 
I produce these Podcast to briefly discuss current topics about Texas inheritance issues. You can find more information about Texas inheritance issues on this website or on my blog above.

We will be making new podcast from time to time so subscribe to this blog. You can also subscribe to our channel on Apple PodcastSpotify, Google Podcast, Anchor, RSS feed and others that can be found here.

 

Click on the podcast below.

Podcast – revoking a will in Texas

Podcast – improper signing of will

Podcast added!

The topic is “Will Contest – improper signing of will”

Wills are sometimes contested because of a problem in the way the will was signed. This is often referred to as the execution of the will. In this podcast we are going to talk about the very basic requirements of executing a will in Texas. Then, we will discuss what problems arise from executing wills.

Remember, contesting a will is not about greed. It is doing what is right to make sure that our elderly are not taken advantage of by someone. As tragic as it is, abuse against our elders is on the rise. Whether by caretakers, friends, siblings, or even their own children, we are seeing more and more cases of seniors being abused into revising their will.

I am Robert Ray, a Texas attorney who handles litigation involving inheritance disputes. I am Board Certified by the Texas Board of Legal Specialization in Personal Injury Trial Law. My principal office is in Lantana, Texas, in the Dallas/Fort Worth area but I handle cases all over Texas.
I produce these Podcast to briefly discuss current topics about Texas inheritance issues. You can find more information about Texas inheritance issues on this website or on my blog above

We will be making new podcast from time to time so subscribe to this blog. You can also subscribe to our channel on Spotify, Google Podcast, Anchor, among others.

 

Click on the podcast below.

Podcast – revoking a will in Texas

Podcast – Time limits for contesting a will in Texas

Podcast added!

The topic is “Time limits to contest a will in Texcas?”

A will isn’t open to be contested forever. Contesting a will is limited to filing within a certain amount of time – what the law refers to as the statute of limitations.

You may be surprised to learn that the statute of limitations for contesting wills does not start at the time of death, but when the will is admitted to probate.

That means that if you feel a will should be contested, you must act quickly. If you have a meritorious claim but you don’t act quickly, your claim can be lost. This podcast discusses the issues that a person contesting a will must keep in mind. What are the time limits or statute of limitations? When do they start running?

Remember, contesting a will is not about greed. It is doing what is right to make sure that our elderly are not taken advantage of by someone. As tragic as it is, abuse against our elders is on the rise. Whether by caretakers, friends, siblings, or even their own children, we are seeing more and more cases of seniors being abused into revising their will.

I am Robert Ray, a Texas attorney who handles litigation involving inheritance disputes. I am Board Certified by the Texas Board of Legal Specialization in Personal Injury Trial Law. My principal office is in Lantana, Texas, in the Dallas/Fort Worth area but I handle cases all over Texas.
I produce these Podcast to briefly discuss current topics about Texas inheritance issues. You can find more information about Texas inheritance issues on this website or on my blog above.

We will be making new podcast from time to time so subscribe to this blog. You can also subscribe to our channel on Spotify, Google Podcast, Anchor, among others.

 

Click on the podcast below.

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