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Hand Written Codicil

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cmk2012

Junior Member
What is the name of your state (only U.S. law)? Texas

I have a formally executed will from my mother who is now deceased. During the last months of her life she hand wrote a codicil making changes to her will. The codicil is completely hand written and notarized but not signed by witnesses. From what I have read online the codicil should have been witnessed by at least two people just like the formal will. Is the codicil valid without the two witnesses signature?
 


tranquility

Senior Member
You need to show the will to an attorney skilled in such issues.

Holographic wills are allowed in Texas. You can have a holographic codicil to an attested will. HOWEVER, there are some issues.

--Why has the legal determination been made this is a holographic codicil and not a holographic will?
--Does the codicil follow the requirements of a holographic change? (For instance, putting it on the pages of a typewritten will is a problem.)
--Were there any crossouts or lines drawn through parts of the will? (Which might make the will invalid.)
--What was the intent behind the codicil?
more too, but it gets hard to explain.

The bottom line is that an attorney is needed. Period.
 

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