Having a will is one of the most important steps you can take to ensure your assets are distributed according to your wishes. If you’re considering writing a will, you might wonder if a handwritten one will hold up in court. In Texas, the answer is yes, but certain conditions must be met. Let’s dive into the details.
What Is a Handwritten Will?
A handwritten will, often referred to as a holographic will, is a will entirely written and signed by you. While it is legally valid in Texas, there are specific requirements for it to be accepted by the court.
Requirements for a Valid Handwritten Will in Texas
To ensure that your handwritten will is legally binding in Texas, it must meet the following conditions:
- Written by you: The entire document must be in your own handwriting, not typed.
- Clearly express your intentions: Your will should clearly outline your wishes for how your assets should be distributed and who should oversee the process.
- Signed by you: You must sign the will to verify that it represents your final wishes.
- No witnesses required: Unlike a typed will, a handwritten will does not need to be witnessed. However, having it notarized or witnessed can help avoid future disputes.
Common Risks with Handwritten Wills
While a handwritten will is legally acceptable, it can sometimes lead to issues:
- Unclear wording: Without the help of a lawyer, the language used may be vague or open to interpretation, which can create confusion about your true intentions.
- Incomplete information: If your situation changes, such as having more assets or new family members, your will may not account for those updates.
- Disputes: Handwritten wills are often more likely to be contested, especially if someone believes the will is unclear or if they question whether it was written freely.
The Importance of Having a Formal Will
Although a handwritten will is legally valid, it’s always best to have a formal will be drafted by a lawyer. A formal will is much less likely to be contested because it follows Texas legal standards and is designed to be clear and thorough. Working with an attorney ensures that your wishes are unmistakably documented and that your will is up-to-date with your current circumstances. A formal will also reduces the likelihood of disputes among family members and ensures that your loved ones are cared for according to your intentions.
By opting for a formal will, you can have peace of mind knowing that your estate will be handled properly, and your final wishes will be carried out without unnecessary complications.
Contact Springer & Lyle
If you’re thinking about creating a will, it’s important to get the right legal guidance. At Springer & Lyle, we can help you draft a formal will that ensures your assets are protected and your family is provided for. Contact Daniel Abasolo today at 940.387.0404 to schedule a consultation. Our office is located at 1807 Westminster, Denton, TX 76205.
