 In about 50% of the states including Texas, removes the attestation requirement.  Some states add requirements before witnessing excused such as: ▪ Dated ▪ Found among valuable papers  Policy – less chance for fraud

 1. In writing  Same as for attested wills, except for handwriting requirement.

 2. Signed  Same as for attested wills, except for handwriting requirement.

 3. “Wholly” in Testator’s Handwriting 3 approaches

 3. “Wholly” in Testator’s Handwriting 3 approaches  a. Intent

 3. “Wholly” in Testator’s Handwriting 3 approaches  b. Surplusage

 3. “Wholly” in Testator’s Handwriting 3 approaches  c. Material Provision

 3. “Wholly” in Testator’s Handwriting Texas  Maul v. Williams – p. 120 ▪ Adopts surplusage approach.

 1. May a holographic will be self-proved?

 2. What if a handwritten will has two witnesses?

 3. What if testator does not sign at end?  Lawson v. Dawson’s Estate -- p. 123  Ajudani v. Walker – p. 124

 4. When are/should holographic wills used?  a. _______________________________  b. _______________________________  c. _______________________________

 1. Label document  “Last Will of [name]”

 2. Introductory Clause  “I, [name], declare that this is my last will and revoke all prior wills and codicils.”

 3. Disposition of Property  Specific gifts of property.  Gifts of money (legacies).  Residuary (“left overs” or entire estate).  What happens if a beneficiary dies before you?

 4. Appoint Independent Executor  “I appoint [executor] to serve as the independent executor of this will to serve without bond. If [executor] is unwilling or unable to serve, I appoint [alternate executor] as the independent executor to serve without bond.”

 5. Sign, if you really want this to be your will.