Are Handwritten Wills Valid in Texas?

The law of handwritten wills is frequently misunderstood, especially when they are referred to by their legal name, holographic wills. Texas happens to be a State that recognizes the use of holographic, or handwritten, wills as long as the will fits the general requirements set forth by the Texas Estates Code. Generally, the testator, or the person who is writing their own will, must have (1) intended for the document to be their will, (2) is of age and sound mind, and (3) has not revoked the will. Additionally, the written will must also be self-proven during the testator’s life or by two witnesses after the testator’s life has ended.

To show that the will was intended to be written by the testator, the document must illustrate that it is intended to be a last will and testament of the person. This is usually done by stating that it is the last will and testament. For example, one would write, “I John Smith on this date, am of sound mind and intend for this to be my final will and testament.” This is a basic example, but enough to grasp an understanding.

Usually, one has to be 18 years of age to write a will and be sound of mind. Being sound of mind can be a complicated issue that is contested, but for purposes of a basic understanding, the testator must have known they were writing a will and know the specifics on how the property they own will be distributed. Knowing these things provides an excellent basis to show the testator prepared the will with testamentary capacity. In addition, the testator also cannot do anything that would revoke the will. Essentially, this means you must cancel all prior wills and not do anything improper to rescind the current holographic will.

Following the satisfaction of the basic requirements, the will must be either self-proven by the testator during his life by the attachment of an affidavit or by proven by the testimony of two witnesses after death. This is an important step to verify that the will is legitimate and should not be disregarded.

The advantages of a handwritten will are that you can do it yourself, and it would not likely cost you anything. However, several possible downsides should make one wary when deciding how to have their will drawn up. The first is that by not having a lawyer prepare your will, you risk your will not being valid or containing some other measure that does not conform with the law. The second is that it makes it much easier to contest your will. Without a lawyer prepared will and witnesses present for the will's signing, it could create potential problems of legitimacy for your will, especially if not self-proven in your lifetime.

In summary, handwritten (holographic) wills are allowed in Texas so long as they conform with the State’s requirements. Handwritten wills can be a valuable and convenient solution for some situations. Still, it is essential to look at all of one’s options and make the best decision for each individual case.