Blank Will For Texas
A significant number of people view fill-in-the-blank Wills as a cheaper and quicker way to make a Will. But the problem with these types of Wills is most people do not understand what the words before the blanks actually mean. They also cannot fully and clearly express how they want their assets to be distributed on the blanks. This is why many people who use fill-in-the-blank Wills make mistakes that result in the Wills being declared invalid in court.
Mistakes Of Fill In The Black Wills
The following are some of the common mistakes people make when using fill-in-the-blank Wills:
- No witness signatures: For a Will to be valid it must have the signature of the testator and the signatures of two credible witnesses who signed the Will in the presence of the testator
- One size fits all: These fill-in-the-blank Wills are not customized to a particular person’s circumstances or needs. They often fail to address things like guardianship of children if the testator is survived by a spouse and kids, and how taxes and expenses are to be paid.
- Future assets: A fill-in-the-blank Will does not allow you to plan for assets that you may acquire in the future which means they will be subject to probate.
- Complying with state law: If the will does not comply with Texas laws, then it can be declared invalid.
- Handwritten words: The only writing on the fill-in-the-blank Will that may be considered valid are the handwritten words. That means that the printed words can be declared invalid in a probate court which can make your entire will invalid.
It is better to work with an experienced Texas estate attorney because the attorney will help you comply with the states’ laws when making your will.
A Holographic Will
If you do not want a typewritten will and have few assets, a handwritten Will may be appropriate for you. You must write a handwritten will entirely by hand and sign it. Make sure you identify yourself and your beneficiaries so that the person reading the will can identify all parties. The problem with handwritten Wills is that they are very easy to contest in court. The testator or the person wishing to actuate the testator’s Will have the burden to prove that the handwriting on the Will is that of the testator. Ambiguous statements in handwritten Wills can also force the probate court to attempt to interpret what the testator meant. That means that certain assets may not go to beneficiaries the testator wanted to have them.
Related Estate Planning Topics
A Formal Or Typewritten Will
A typewritten Will that is drafted by an experienced estate lawyer is more secure than a holographic Will. You need to sign a formal Will in the presence of two witnesses that are over the age of 14. The two witnesses must also sign the Will while you are present. Any person contesting the Will has the burden to prove that the Will is not valid in a probate court.