Wills

Formalities

Holographic Will – Lack of Signature

Ajudani v. Walker, 177 S.W.3d 415 (Tex. App.—Houston [1st Dist.] 2005, no pet).

 

A seven page consecutively numbered handwritten document was offered for probate as Decedent’s will. The first six pages contain discussions of various matters which arguably relate sufficiently to the disposition of Decedent’s property at death to show testamentary intent. None of these six pages contain Decedent’s signature. The seventh page is a power of attorney by which Decedent granted an attorney the power to handle various real property transactions. This page contains Decedent’s signature. The trial court granted a summary judgment that Decedent did not sign the alleged will (pages one through six), page seven was a separate document (a power of attorney), and the signature on the power of attorney could not be treated as being on the alleged will.

The appellate court affirmed. The court explained that although Decedent numbered the power of attorney as page seven, it was nonetheless a separate document. The court explained that the first six pages were a “unit” – they were written on the same type of paper and page six had a postscript written in the margin showing that page six was the end of the purported holographic will. In addition, evidence showed that Decedent signed page seven before finishing pages one through six. The court concluded that the alleged holographic will and the power of attorney are “unambiguously two separate documents.” Id. at 419. Accordingly, Decedent’s signature on the power of attorney cannot be used to provide the signature which a holographic will needs to be valid under Probate Code § 59.

Moral: Home made holographic wills continue to be a source of litigation. Will preparation should be left to a licensed attorney with expertise in estate planning.



Back