Other Common Estate Planning Questions

Q. What is a holographic will, and how does it work?

A. A "holographic" will is a will that is written entirely in your own handwriting.

No witnesses are required, and no portion of the will may be typed. If you type some or all of the words, or you incorporate other markings or other documents into the text, you could inadvertently invalidate the will. The idea behind holographic wills is that since the entire document is in a person's handwriting, there is no need for witnesses to sign it to establish its validity. Holographic wills don't need to be notarized either, but they do need to be signed.

Most lawyers would tell you it's a bad idea to write your own will because you can easily create ambiguities and other defects that can lead to litigation following your death. This is especially true in second marriage situations when one or both spouses have children from prior marriages or relationships.

If you decide to write your own will, you should be sure to say in the introductory sentence that it is your will, and that you are revoking all prior wills. If you don't revoke all prior wills, your handwritten will and any other wills that have not been revoked will be looked at together to determine who inherits your estate. As you may expect, problems arise when the various documents conflict.

Be sure to identify each bequest clearly and to give away all of your property. A frequent problem with handwritten wills is that they list some accounts and properties, but then leave out others. Property that you don't mention in your will passes to your heirs as determined by our legislators in Austin. Your heirs may not be the same persons named in your will. Also, going to court and figuring out who your heirs are can be an expensive and time-consuming matter.

It's often the case that handwritten wills don't name an executor, and the ones that do may fail to state that the executor should serve as an "independent" executor. Failure to name an "independent" executor could result in an administration of your estate which is fully court supervised, expensive, and lengthy.

Another important provision that is often left out of a holographic will is a waiver of bond. When you don't request a waiver, the judge can require that your executor post a bond. Sometimes, it's not possible to even get a bond, and if your executor can get one, it will undoubtedly be expensive.

Lastly, it should be noted that handwritten wills are almost always more difficult to probate than typed wills because courts require two witnesses who are familiar with your handwriting to testify that the will was, in fact, written by you.