What Is A Holographic Will?

A HOLOGRAPHIC WILL is a handwritten document that expresses how a person intends to dispose of their property after they die. It is only effective after the person’s death.

The State of Texas is one of the few states that allows handwritten Wills to be considered a Valid Will. To be a Valid Will, the Holographic Will must meet three of the four requirements of a regular Will:

1. It must identify the person making the Will (the Testator);

2. It must show in writing that the person intends to give away their property after their death (Testamentary Intent);

3. It must show in writing that the person knows and understands that they are writing and signing their Will (Testamentary Capacity).

Since the Holographic Will is handwritten, it does not have to meet the final requirement of being properly signed in front of witnesses and properly notarized (Testamentary Formalities).

However, because a Holographic Will is handwritten, it must meet additional requirements to be considered Valid:

1. It must be completely handwritten in the person’s handwriting;

2. It cannot be written by a second person and signed by the person who wants to make the Will;

3. It cannot be typed or printed by a computer;

4. It must be signed by the person who wants to make the Will.

If any of these conditions are not met, a Holographic Will cannot be considered a Valid Will. A judge determines the validity of a Holographic Will.