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Writing a will is one of the most important things you can do to ensure that your assets are distributed properly and efficiently to your loved ones once you’re gone. Writing wills and estate planning are usually considered the province of lawyers who specialize in this area.
However, this is not necessarily the case, and anyone can write a legally binding will as long as they follow a few guidelines. However, there’s another type of will that tends to come up in an emergency: A holographic will.
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While the name might conjure up images of something from a science fiction movie, a holographic will is relatively simple. A holographic will is a document that you produce entirely in your own handwriting and sign yourself. The fundamental difference between a holographic will and a formal will is that a holographic will doesn't require the signature of witnesses.
Formal and holographic wills are both recognized in Texas. However, holographic wills can be contested in ways that formal ones cannot. As there are no witnesses, no one can testify the circumstances under which you made the will, should it be contested. For example, witnesses can testify that you were of sound mind when making the will and that there was no coercion. Disinherited relatives could use the lack of witnesses to claim that the will is invalid.
So, when making your will, it is generally better to ensure that you’re creating a formal will that’s been typed, printed, and signed by yourself and two witnesses.
As you can probably imagine, holographic wills tend to be written in an emergency when a will is required but there’s no time to comply with the requirements of a formal document. According to the Texas estate code, the requirements for a holographic will are pretty simple. The testator must be one of the following:
The testator must also be of sound mind, which means that they must:
Once those basic requirements are met, you can begin writing your holographic will, which must be entirely in your own handwriting. Producing it partly in writing and partially typed could lead to it being declared invalid.
The will should begin with the title at the top of the first page, "The Last Will and Testament of [insert name]."
The opening line is your statement of intent, giving your name, town of residence, the date and determining that the will intends to dictate how your assets will be disposed of.
You must state in your will that it revokes any previous will you may have written, holographic, formal or draft. If you have any old wills, you should also destroy them.
The next step is writing a list of all the property you own in as much detail as possible, and the full name of who they should go to upon your death. Describing their relationship to you is also a good idea—just in case you know two people with the same name.
However much you think you've covered everything, there is likely to be some property you've forgotten about or even items that come into your possession after you've written the will. To address this, you should add what is known as a residuary clause detailing who gets any remaining assets.
Sign and date the will at the bottom after you're satisfied that everything is covered. Once you've finished it, it's best to check it over. Should there be any errors or omissions, you should not overwrite or cross out anything. Instead, you should write it all out again, as changes within the document are open to being challenged.
At Clear Estate, we recommend formal wills rather than holographic wills, unless for emergency purposes. Holographic wills are much too open to being challenged for many reasons, and they can often leave significant gaps. To find out more, contact, or book us for a free 30 minute consultation for any questions you might have!
Chris Cambridge is a Senior Estate Professional here at ClearEstate. Credited with his Juris Doctor (J.D.), Master of Laws in Taxation (LL.M), and a Masters Degree in Trust and Wealth Management. He brings over 10 years of experience in estate planning and administration - Chris is able to accurately and empathetically guide you along your process of planning your estate.
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