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4. Formalities Holographic Wills PC § 60 EC § 251.052

4. Formalities Holographic Wills PC § 60 EC § 251.052. Ramification. In about 50% of the states including Texas, removes the attestation requirement. Some states add requirements before witnessing excused such as: Dated Found among valuable papers Policy – less chance for fraud.

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4. Formalities Holographic Wills PC § 60 EC § 251.052

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  1. 4. FormalitiesHolographic WillsPC§ 60EC § 251.052

  2. Ramification • In about 50% of the states including Texas, removes the attestation requirement. • Some states add requirements before witnessing excusedsuch as: • Dated • Found among valuable papers • 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. _______________________________

  14. Drafting Simple Will • 1. Label document • “Last Will of [name]”

  15. Drafting Simple Will • 2. Introductory Clause • “I, [name], declare that this is my last will and revoke all prior wills and codicils.”

  16. Drafting Simple Will • 3. Disposition of Property • Specific gifts of property. • Gifts of money (legacies). • Residuary (“left overs” or entire estate). • What happens if a beneficiary dies before you?

  17. Drafting Simple Will • 4. Appoint Independent Executor • “I appoint [executor] to serve as the independent executor of this will to serve without bond. If [executor] is unwilling or unable to serve, I appoint [alternate executor] as the independent executor to serve without bond.”

  18. Drafting Simple Will • 5. Sign, if you really want this to be your will.

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