Respectfully Submitted by Cicely Nedd-Thomas
To be a valid Holographic Will in Texas, the document must be wholly in the Testator's handwriting and signed by the Testator.
Generally, the Texas courts have given a liberal interpretation to the requisites. Neither the form of the document nor the words used by the writer are of controlling importance as long as the genuineness is certain and the intention of the maker is clear. Even the Testator's signature need not appear at the bottom or the end of the writing. It can appear anywhere in the document. The signature can be informal, even using a nickname will be acceptable.
The Holographic Will, like all Wills, must be intended to be a Will. A handwritten memo listing properties and beneficiaries would not be admissible to probate; since it would be more reasonable to conclude that it was intended as a memorandum from which a will later on may be drafted. The Testator does not have to even realize that he/she was making a Will, or does not consider the instrument to be a Will, as long as there is testamentary intent, the instrument will be admitted to probate. Here are some examples of holographic wills admitted to probate.
"The contents of this envelope to be opened at my death (A Bond) is a gift to Edith from Dad"
"Joyce, you keep $2,000.00... I want it that way. Please do this for me. Thank you, Sophia Mlynczak"
"A Holographic Will written entirely in German."
"Last Will: I leave everything to Verneice Daniels. B.H.D." Written on the back of a greeting card containing a poem, "The Ten Secrets of a Successful Relationship".
