Is a dictated handwritten emergency Will valid with one witness and notarized?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is a dictated handwritten emergency Will valid with one witness and notarized?
Deceased verbally told his wife to write the will for him in front of the chaplain (witness) and the notary. He was in ICU but alert and oriented to the situation, The Power Of Attorney and Medical Directives were done in the same manner at the same time. He survived this acute episode of his chronic disease and lived another year without altering the Will. Is this Will valid and even worth probating?
Asked on August 15, 2012 under Estate Planning, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Speak with an attorney in Texas to be sure but I would say that the Will is probably not valid. A handwritten , or holographic Will, must be written wholly in the hand of the testator to be valid in the state of Texas. And even though I can see an argument that it might instead be an oral or nuncupative will as it was spoken to his Wife and Chaplain, those instances are limited to war time and death bed utterancees. Since he survived it would not be valid.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.