Introduction
If you’re considering a will in Texas, you might be wondering about the signature requirements. Can a signature be on a different page than the will itself? In this blog post, we’ll explore this question and what you need to know if you’re considering a will in Texas.
Last will and testament Texas
In Texas, a will must be 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. However, the signature does not have to be on the same page as the rest of the will. As long as all of the pages of the will are properly signed and witnessed, it is valid.
Does a will have to be notarized in Texas?
If you’re asking whether a will must be notarized in Texas, the answer is no. You can simply sign your will in front of two witnesses. However, having your will notarized can add an extra level of protection and may make it easier to probate (the legal process of proving a will is valid).
When a will is notarized, the notary public witnessing the signature also signs and dates the document. This creates what’s called a “self-proving affidavit.” A self-proving affidavit is a sworn statement that says the witnesses saw you sign the will and that the signatures are genuine.
If you have a self-proving affidavit, your witnesses don’t have to come to court to testify about your signature. This can save time and money, and it may be especially helpful if your witnesses live out of state or are unavailable when the will is being probated.
Holographic wills
If you’re considering creating a holographic will in Texas, there are a few things you should know. First, what is a holographic will? A holographic will is a handwritten and signed will that is not witnessed. In Texas, holographic wills are valid if they meet the requirements set forth in the Texas Estates Code.
What are the requirements for a valid holographic will in Texas? The will must be entirely in the handwriting of the testator (the person making the will) and must be signed by the testator. The date of the will can either be written out or implied by the context of the document.
If you’re thinking about making a holographic will, keep in mind that it’s important to clearly state your wishes in order to avoid any ambiguity or confusion. You’ll also want to make sure that your loved ones are aware of your Will and where to find it after you’re gone. Have any questions? Contact an experienced estate planning attorney in your area for more information.
Texas will requirements
In Texas, a will must be:
1. in writing
2. signed by the testator (the person making the will) or by another person at the testator’s direction, and
3. witnessed by two people who are present at the same time and who sign the will in the presence of the testator.
A testator can sign a will on any page, as long as all of the pages are initialed by the testator and witnessed by two witnesses. It is not necessary for the signature to be on the last page of the will.
Self proving affidavit Texas
A self-proving affidavit is a sworn statement that is made by the testator (the person who is making the will) and two witnesses. This affidavit must be signed by all three parties in order to be valid. The purpose of a self-proving affidavit is to make it so that the will does not have to go through probate in order for it to be valid.
In Texas, a self-proving affidavit must meet the following requirements:
1. The testator must sign the affidavit in front of two witnesses.
2. The witnesses must sign the affidavit in front of the testator.
3. The notary public must sign and date the affidavit.
4. The affidavit must be attached to the will.
If these requirements are met, then the will is considered self-proved and does not have to go through probate in order to be valid.
Case law study
Ajudani v. Walker, 177 S.W.3d 415 (Tex. App. — Houston [1st Dist. 2005, no pet.)
Legal Terminology
Holographic will:
A will handwritten and signed by the testator.
Facts and Procedural History
When Shari Ajudani passed away, his attorney was mailed a typed document titled “Last Will and Testament of Shari Ajudani” along with seven pages of handwritten information. Originally appellants, Shirin Ajudani and Rosemary Shookoufandeh, only brought the type written document for probate but later amended their request and offered the handwritten pages instead. They claim these handwritten pages to be a holographic will.
The handwritten pages had page numbers indicating the order they go in. It provides that it is the last will and testament and includes a postscript referencing a banking transaction made the day before. There was no signature on the first six pages. They were also written on different paper than the sixth. The seventh page is written on Shari’s personal stationary and only purport a power of attorney. This page does have a signature.
The appellees filed a motion for summary judgment claiming that the application for probate should be denied because the papers lacked testamentary intent and the purported will was actually two documents, one being a letter to the attorney and the other being a power of attorney. This would mean the signature was not on the purported holographic will and would make it invalid. The trial court granted summary judgment and appellants appealed.
The appellate court held that the seventh page was in fact a separate document since they each discuss separate issues and does not match the rest of the document. Therefore the purported holographic will is not valid because there was no signature.
Main Consideration
Can a signature on a document that is physically placed together with a will, but clearly has a separate meaning validate the will?
No. The signature must be on the document containing the components of the will.
Takeaway
Ajudani v. Walker shows that the signature on a holographic will must be on the pages of the document that contain the components of the will.
Conclusion
The answer to this question is a bit complicated, but in short, yes, a signature can be on a different page than the will in Texas. However, there are certain requirements that must be met in order for the will to be valid. For example, all witnesses must sign the will in the presence of the testator (the person who is making the will) and each other. If you have any questions about whether your will meets these requirements, it’s best to consult with an attorney.
Do you need an Experienced Probate Attorney to help?
It is not uncommon for a testator to sign their will on one page and the witnesses to sign on a different page. However, if the pages are not physically attached to each other, it may create problems when the will is presented for probate. In order to avoid these problems, it is best to have an experienced probate attorney prepare your will.
If you live in Texas and are considering making a will, you may be wondering if you can sign the document on one page and the witnesses on another. The answer is yes, but there are a few things you should know before going this route.
First, if the pages of your will are not physically attached to each other, it could create problems when the time comes to Probate the document. When a court is presented with a Will that has detached pages, they may question the validity of the signatures on those pages. To avoid this potential issue, it is best to have an Experienced Probate Attorney prepare your Will.
Second, even if you do attach the pages of your Will together before signing them, you should still initial each page below your signature. This will help to ensure that no one can later claim that any of the pages were added or removed after you signed the document.
Finally, keep in mind that Texas law requires two disinterested witnesses to sign your Will in order for it to be valid. If you choose to sign on one page and have the witnesses sign on another, make sure that each witness signs both pages of the Will. This will help to ensure that there is no question as to the witnesses’ signatures being valid.
If you have any questions about signing your Will on one page and having the witnesses sign on another, please contact an Experienced Probate Attorney in your area. Call us for a FREE consultation at (915) 292-4400.
Related questions
How must a will be signed in Texas?
In order for a will to be valid in Texas, it must be 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. The signatures of all three parties (testator and witnesses) must be on the same page of the will.
What is a valid signature on a will?
A valid signature on a will in Texas must be made by the testator (the person who is making the will) in the presence of two witnesses. The witnesses must also sign the will. All three signatures should be made on the same page of the will.
What makes a will invalid in Texas?
In Texas, a will is only valid if it is signed by the testator (the person making the will) in the presence of two witnesses. The witnesses must also sign the will. If any of these conditions are not met, the will is not valid. A will can be invalidated for other reasons as well. For example, if the testator later revokes the will or if the court finds that the will was procured by fraud or duress.
What’s a notary?
A notary is a public officer who is authorized to witness and attest to the execution of certain legal documents. In the context of wills and estate planning, a notary can be used to verify the identity of the person signing the document and to ensure that the document is properly executed.
Is a handwritten will legal?
In Texas, a handwritten will, also known as a holographic will, is legal if it is entirely in the handwriting of the testator—the person who made the will—and it is signed by the testator.
