Page 43 - Senior Link Magazine Summer 2025 - Online Magazine

SENIOR RESOURCES

which might otherwise be required by the Estates Code. testator to fill in by hand the names of the beneficiaries,
Also, most attorneys routinely include in Wills a self- personal representative nominations, distribution
proving affidavit that puts the evidence proving the Will instructions, and other information. Such Wills are not
actually within the document itself, often eliminating valid in Texas, UNLESS the handwritten components by
the need to gather evidence to prove the Will when it is themselves constitute a holographic Will. That is, if just
probated. the handwriting on the fill-in-the-blank document were
lifted and placed onto a blank sheet of paper, and if that
Of course, the courts and the attorneys helping to probate handwriting by itself met the requirements discussed in
Wills have effective tools and common law defaults to the first paragraph of this article for a holographic Will,
overcome the missing precision and detail often found in then it would be a valid Will.
holographic Wills, the testator can make it much easier
for the personal representative to serve as executor or Although there may be reasons for making a holographic
administrator and for the testator’s family to understand Will, there are enough pitfalls, uncertainties, and
and accept the testator’s decisions and rationales regarding inconveniences to consider seeking legal assistance when
the disposition of the testator’s estate if the testator seeks making a Will. A holographic Will might end up being
legal assistance to start with. invalid and the decedent’s estate end up passing by
intestacy, or even if valid, the results might not be what the
Now so far, this article has not mentioned fill-in-the-blank testator intended, and at the very least, holographic Wills
Wills even though they have equal billing in the title. In tend to create unnecessary difficulties and expenses for the
fact, a valid fill-in-the-blank Will is a holographic Will. testator’s personal representative and beneficiaries. Even
Some form books or online sources provide documents for small estates, making a Will is worth taking the time to
that can be printed or copied with blank spaces for the do it right.

Now for the inevitable small print: The content of this article is meant to educate, to inform, and sometimes to entertain, but not to
advise any reader; the subject matter is necessarily summarized and abbreviated or otherwise condensed, and so, not actionable. I am
happy to serve you if I am able, but I do not represent you unless you and I have met and I have agreed to do so.