Why You Should Not Rely on a Homemade Will

 Posted on August 16,2022 in Estate Planning and Probate

There are multiple ways for a person to try to make a will without seeing an attorney. While these methods may seem cheaper and easier in the short-term, they can backfire horrendously in the end. The two main ways that some people go about DIY-ing their estate plans are through online kits, and by making handwritten (“holographic”) wills. Both methods are quite fallible. The risk of using one of these at-home methods is that the document you create will not be legally effective.

In Texas, wills must be created according to certain formalities, and they must comply with a series of strict laws. The effect of even one legal mistake can be that the entire document gets thrown out, and you are left intestate. Our attorneys can help you with a much better, safer way of making an estate plan. 

What is a Holographic Will?

A holographic will is a will that is written entirely in the testator’s own handwriting and signed. While these can be legally acceptable in Texas, there is quite a lot of risk that someone could challenge the will. Most holographic wills are made without neutral witnesses present, and thus, are easily disputed. The only time a person in Texas should attempt to make a holographic will is if they are imminently about to die and truly have no other options. For example, in one famous case, a farmer carved his will into the bumper of the tractor he was pinned under. 

Why Should I Avoid DIY Kits?

DIY kits are a very one-size-fits-all approach. There is no way to customize your estate planning documents so that they fit the needs of you and your family. As with holographic wills, it is also much easier to challenge estate planning documents that were made using kits, as they are made at home rather than in an attorney’s office where it can be properly witnessed. It may be difficult to prove that it was in fact the testator who made the DIY will and that he did so without any undue influence from others. 

There are a lot of legal complexities surrounding wills that cannot be adequately accounted for in a DIY home kit. A single legal mistake can render your efforts useless. The sad part is that there is rarely any way to know whether the will you have made is going to be effective until it is far too late for you to fix it if it is not. 

Your best bet is to work with an attorney to get your estate planning done. 

Contact a Texas Estate Planning Attorney

Geoff Mayfield, Attorney at Law is skilled at making effective and legally sound wills, trusts, and other estate planning documents. Our experienced Bexar County estate planning lawyers will work with you to create the ideal estate plan for you and your family. Call 210-535-0870 for a free consultation. 

Source:

https://statutes.capitol.texas.gov/Docs/ES/htm/ES.251.htm