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Understanding Holographic Wills: Legal Formalities and Requirements

Holographic wills are an alternative to traditional wills, as they allow individuals to create legally binding documents written in their own handwriting. In approximately 50% of U.S. states, the requirement for attestation is removed, though some states may impose additional witnessing conditions. In Texas, the primary requirement is that the will is wholly in the testator's handwriting. This article explores critical aspects of holographic wills, including the legal ramifications, challenges regarding self-proving status, issues surrounding witness signatures, and scenarios for their use.

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Understanding Holographic Wills: Legal Formalities and Requirements

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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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