Introduction
In Texas, a will must be in writing and signed by the testator (the person making the will) in the presence of two witnesses. But what happens if the testator only has a written name? Is that considered a valid signature on a Texas will? In this blog post, we will explore the answer to this question and provide some insight into Texas probate law. If you are in the process of drafting a will or are simply curious about the requirements, read on for more information.
What is a Will?
A will is a written document that directs the disposition of a person’s property after death. The person who makes the will, known as the testator, must sign the will in the presence of two witnesses. The witnesses must also sign the will. In Texas, a will must be in writing to be valid. This means that a typed or printed name at the end of a document does not constitute a valid signature on a will.
Texas will requirements
In Texas, a will must be in writing and signed by the testator (the person making the will) in the presence of two witnesses. The witnesses must also sign the will in the presence of the testator. A will that does not meet these requirements is not valid in Texas.
If a testator’s name is written on a will, but the testator did not sign the will, the will is not valid. In order for a will to be valid, the testator must physically sign the will in front of two witnesses. The witnesses must also sign the will in front of the testator. If any of these requirements are not met, the will is not valid and cannot be used to distribute the testator’s assets after death.
What is a Signature?
A signature is a person’s name written in their own handwriting. A signature may be required on legal documents to show that the person agrees to the contents of the document. In Texas, a will must be signed by the testator and two witnesses. The witnesses must sign the will in the presence of the testator and each other.
Legal Signature rules
There are certain legal requirements that must be met in order for a written name to constitute a valid signature on a Texas will. First, the testator’s name must be written by him or her at the end of the will. Second, the will must be witnessed by two disinterested parties who are present when the testator signs the will. The witnesses must then sign the will in the presence of the testator.
If these requirements are not met, the court may find that the written name is not a valid signature and thus not binding on the estate. This could result in the will being declared invalid and the estate being distributed according to intestate succession laws. Therefore, it is important to ensure that all legal requirements for signatures are met before executing a will in Texas.
What are the requirements for a valid signature on a Will in Texas?
In order for a signature to be considered valid on a Will in Texas, the document must be dated and signed by the Testator in the presence of two disinterested adult witnesses. The witnesses must also sign the Will in the presence of the Testator, and each other. If the Will is not witnessed, it is still valid if it is signed by the Testator and two other people who are willing to attest to its authenticity.
Does a written name constitute a valid signature on a Texas Will?
In the state of Texas, a written name does not constitute a valid signature on a will. In order for a will to be valid, it must be signed by the person who made the will (the “testator”), in the presence of two witnesses. The witnesses must also sign the will in the presence of the testator.
Case law
Luker v. Youngmeyer, 36 S.W.3d 628 (Tex. App. — Tyler 2000, no pet.)
Facts and Procedural History
Margaret E. Whiteley hired Jack Babchick to create a Declaration of Trust and execute her last will and testament. From this she created the Margaret E. Whiteley Charitable Trust. Youngmeyer was named independent executor of the will. When Whiteley passed away, Youngmeyer filed to probate the will. Before the will was probated, Luker, Whiteley’s live-in caregiver, opposed the probate of the will and presented an alleged holographic will that revoked and superseded the prior will. The will consisted of three handwritten pages.
Youngmeyer filed a motion for summary judgment, stating that the holographic will was not a valid will since Whiteley did not sign the document. Her name was only referenced once in the document when stating the name of the charitable trust. He also stated that in her prior will she signed twice in cursive, meaning she was accustomed to signing legal documents in cursive. Luker argued that there was no requirement under Texas law that said signatures have to be in cursive. She also testified that Whiteley often signed her name instead of signing. Youngmeyer filed to supplement his motion stating that the three handwritten pages were actually two separate documents. One of the pages dealing with her trust and the others dealing with her will. This leaves the holographic will unsigned.
The court granted summary judgment, holding that writing her name in reference to the trust was not enough to constitute a signature. It stated that while Texas is very lenient in what it considers to be a signature, the testator still must intent the marking to be a signature. It also held that the documents were two separate documents. Therefore, the handwritten pages did not constitute a valid will.
Main Consideration
Is a testator name written in a document enough to constitute a valid signature?
No. The testator must have had the intent for the marking to be a signature.
Takeaway
Luker v. Youngmeyer shows that the testator must intend for a marking to be a signature in order for it to be a valid signature on a will..
Conclusion
The answer to this question is a bit complicated, as it depends on the specific circumstances of each case. In general, though, a written name will not constitute a valid signature on a Texas will. If you are unsure about whether or not your signature is valid, it’s always best to consult with an attorney who can review your specific case and advise you accordingly.
Do you need an Experienced Probate Attorney to help?
If you are the named executor in a will, or if you stand to inherit property through a will, it is crucial to have an experienced probate attorney on your side to help you navigate the process. Probate can be a complex and stressful ordeal, but with the help of an experienced attorney, it does not have to be.
An experienced probate attorney can help you understand the probate process and ensure that everything is done properly. They can also represent you in court if necessary and help you resolve any disputes that may arise. If you are named in a will, or if you stand to inherit property through a will, do not hesitate to contact an experienced probate attorney for assistance. Call today for a FREE attorney consultation. (210) 436-6601.
Related questions
What makes a will invalid in Texas?
There are several things that can make a will invalid in Texas. If the will was not properly signed and witnessed, it is not valid. Additionally, if the testator (the person who made the will) was not of sound mind when the will was created, it is not valid. Finally, if the will was created under duress or coercion, it is also not valid.
Does a handwritten will count in Texas?
In Texas, a handwritten will is valid as long as it is witnessed by two people and signed by the person who wrote it. The witnesses do not have to sign the will, but they must be present when the person who wrote the will signs it. If the will is not witnessed, it is still valid if it is signed by the person who wrote it and two other people.
What does a will need to be valid in Texas?
For a will to be valid in Texas, it must be in writing and signed by the person making the will, or by another person at the direction of the person making the will. The signature must be made in the presence of two disinterested witnesses, who must also sign the will. A notary public may not witness the signing of a will.
How to make a will in Texas?
If you want to make a will in Texas, there are a few things you need to do. First, you need to find a local attorney who can help you draft your will. Once you have found an attorney, you will need to gather all of your assets and debts. Once you have gathered this information, you will need to determine who you would like to receive your assets after your death. Once you have determined who will receive your assets, you will need to sign your will in front of two witnesses. After you have signed your will, the witnesses will also need to sign the will.
What is a holographic will?
A will made wholly in the testator handwriting and signed by the testator.
