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Wills

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postinote

Junior Member
What is the name of your state (only U.S. law)? Texas
I was just wondering if a hand written will is legal in the court of laws if it comes to that?
 
Last edited:


anteater

Senior Member
Yes, Texas recognizes holographic wills.

§ 60. EXCEPTION PERTAINING TO HOLOGRAPHIC WILLS. Where
the will is written wholly in the handwriting of the testator, the
attestation of the subscribing witnesses may be dispensed with.
Such a will may be made self-proved at any time during the
testator's lifetime by the attachment or annexation thereto of an
affidavit by the testator to the effect that the instrument is his
last will; that he was at least eighteen years of age when he
executed it (or, if under such age, was or had been lawfully
married, or was then a member of the armed forces of the United
States or of an auxiliary thereof or of the Maritime Service); that
he was of sound mind; and that he has not revoked such instrument.
§ 84. PROOF OF WRITTEN WILL PRODUCED IN COURT
.....
(c) Holographic Will. If not self-proved as provided in this
Code, a will wholly in the handwriting of the testator may be proved
by two witnesses to his handwriting, which evidence may be by sworn
testimony or affidavit taken in open court, or, if such witnesses
are non-residents of the county or are residents who are unable to
attend court, by deposition, either written or oral, taken in the
same manner and under the same rules as depositions taken in other
civil actions.
 

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