How to Write a Will Under Texas Law: Problems with ‘Form’ Wills

EDITOR’S NOTE:

So-called ‘form wills’ may not be legally valid under Texas law. Holographic wills (those written out completely by hand) if done correctly may be valid. The reality is that drafting a will is best done with the assistance of a lawyer. Our Dallas-based lawyers can help with the drafting of wills. In addition, Burdette & Rice is known as a leading law firm for will disputes in the Dallas / Fort Worth area.

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The Problem with “Form Wills”

Though it seems cost-effective and simple to download and fill out a form for a Last Will & Testament, unless these “form wills” are done correctly, they are invalid under Texas law.How to Write a Will Under Texas Law

Wills are categorized as either holographic (handwritten) wills or written wills. Texas estates law requires that the material provisions of a holographic will be entirely in the handwriting of the person making the will. A form will with handwritten provisions that does not comply with Texas law will not be considered a valid will, and if a person does not leave a valid will upon his death, his property passes as if he died intestate (i.e. without a will).

Thus, while filling out a form will might save time and money in the present, it may have serious, and costly, repercussions down the road. Of course, at the right law firm, drafting an estate plan that fits your needs can be cost-effective as well, and far less worrisome, than doing on your own.

EDITOR’S SUMMARY

If you are in the process of setting up a will, please reach out to one of our Dallas-based attorneys for a consultation. No two situations are alike, and a skilled attorney will help with how to write a will under Texas law in the correct way. In addition, if you or your loved ones are facing a possible inheritance dispute or even litigation over a contested will, reach out to us for a consultation. Our Dallas office is convenient to nearby cities such as Plano, Frisco, and Allen as well as other North Texas cities.