Page 42 - Senior Link Magazine Summer 2025 - Online Magazine
P. 42
SENIOR RESOURCES
Handwritten and
Fill-in-the-Blank Wills
by Lee Franks
enerally, a Will (capitalized law provides an exception that a that the testator may not have
throughout this article holographic Will, one that is written considered, such as what happens if
Gfor clarity) is a document entirely in the hand of the testator, a beneficiary predeceases the testator
executed by a person, the testator, does not have to be attested by and who should be the testator’s
intending to make a revocable witnesses. personal representative (executor or
disposition of the testator’s property administrator) and who should serve
upon his or her death. In Texas, a Although generally not advisable, a in that capacity if the testator’s first
person who is eighteen years old or person may execute a holographic choice is unavailable. These are just a
older, is or has been married, or is Will for any number of reasons few of the issues that might arise by
a member of the armed forces may including a desire to avoid legal fees, asking good questions.
make a Will. Texas also requires uncertainty about the law, wanting
a valid Will to be 1) in writing, 2) to keep his or her dispositions Another advantage of legal advice
signed by the testator or another secret, or emergency-type situations is that some common provisions
person on behalf of the testator in where there is no time to do a more included in a more thorough Will
the testator’s presence and under thorough job of it. Although a Will actually have some very practical
the testator’s direction, and 3) done by an attorney may seem to applications such as allowing the
attested by two or more credible include a lot of legal mumbo jumbo personal representative to serve
witnesses in their own handwriting and cost good money in the bargain, independently from the court once
in the testator’s presence, and there are many advantages to seeking the Will is probated, or proved
those witnesses must be at least legal help to execute a Will. For one, valid by the court, and allowing
fourteen years old. However, Texas a competent attorney is trained to the personal representative to serve
ask questions that bring up issues without posting an expensive bond
42 Lubbock Senior Link
