A holographic will is a handwirtten will. It must be wholly in the handwriting of the testator. He can not type it or print it. None of the words that make the document a will can be typed, printed or written by someone else.
A signature by initials is sufficient to execute the holographic document as a will, if it is testamentary in character, and it need not be dated. 862 S.W.2d 8. Since a date is not required, if some else writes the date, the will is still valid because the date is not part of the testamentary character of the document. 01-15-00855-CV; 69 S.W.2d 1107. A holographic will does not need to be witnessed while a typed or printed will does need to be witnessed.
In one case, a Texas court found that the proponent of the holographic will did not prove that it was wholly in the handwriting of the testator when one part was printed by hand rather than be in cursive writing. In that case, the alleged holographic will was written out except for the name of the person who was the beneficiary of the holographic will. The name N.L. Phillips was printed. The rest of the will was written out in cursive. Two witnesses to the will said that they recognized the cursive writing as that of the testator but neither one could say whether or not the name N.L. Phillips whcih was not in cursive was the testator’s printing because they were not familiar with his printing. 410 S.W.2d 202.
By Robert Ray a Texas inheritance attorney. The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about Texas inheritance laws, inheritance rights, probate limits, have a family inheritance dispute, a property dispute or want to know the reasons for contesting a will or protecting a will from a contest and need an inheritance lawyer, we can help. Please click on the “Contact Us” tab above and use the contact form to contact us today. We are Texas inheritance lawyers and would love to learn about your case. There is no fee for the initial consultation.
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