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4. Formalities Holographic Wills -- § 60

4. Formalities Holographic Wills -- § 60. Ramification. In about 50% of the states, removes the attestation requirement . Some states add requirements before witnessing excused. Texas -- § 60. Policy – less chance for fraud. Requirements. 1. In writing

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4. Formalities Holographic Wills -- § 60

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  1. 4. FormalitiesHolographic Wills -- § 60

  2. Ramification • In about 50% of the states, removes the attestation requirement. • Some states add requirements before witnessing excused. • Texas -- § 60. • Policy – less chance for fraud

  3. Requirements • 1. In writing • Same as for attested wills, except for handwriting requirement.

  4. Requirements • 2. Signed • Same as for attested wills, except for handwriting requirement.

  5. Requirements • 3. “Wholly” in Testator’s Handwriting 3 approaches

  6. Requirements • 3. “Wholly” in Testator’s Handwriting 3 approaches • a. Intent

  7. Requirements • 3. “Wholly” in Testator’s Handwriting 3 approaches • b. Surplusage

  8. Requirements • 3. “Wholly” in Testator’s Handwriting 3 approaches • c. Material Provision

  9. Requirements • 3. “Wholly” in Testator’s Handwriting Texas • Maul v. Williams – p. 116 • Adopts surplusage approach.

  10. Holographic will issues • 1. May a holographic will be self-proved?

  11. Holographic will issues • 2. What if a handwritten will has two witnesses?

  12. Holographic will issues • 3. What if testator does not sign at end? • Lawson v. Dawson’s Estate -- p. 119 • Ajudani v. Walker – p. 120

  13. Holographic will issues • 4. When are/should holographic wills used? • a. _______________________________ • b. _______________________________ • c. _______________________________

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