In re Estate of Allen, 301 S.W.3d 923 (Tex. App.—Tyler 2009, pet. denied).
After probating Mother’s will as a muniment of title, Son convinced
the trial court to admit 13 writings as codicils to Mother’s will.
Siblings appealed asserting that these writings were not valid codicils
because they did not demonstrate that Mother had testamentary intent.
The appellate court reversed agreeing with Siblings that these writings
lacked testamentary intent. The writings contain extensive lists of
personal property with indications that these “statements” of property
are “for” Son. Mother signed the writings and they are witnessed by two
individuals. However, they are not labeled as being “wills” or
“codicils” and lack any language showing Mother’s intent for these
writings to dispose of property upon her death. The court explained that
merely indicating in a “statement” that property is “for” someone does
not show an intent to make an at-death property disposition.
Moral: To prevent claims that documents lack testamentary intent, wills
and codicils should clearly be labeled as such and use language
consistent with disposing of property at death such as “give at my
death,” “leave at my death, “devise,” “bequeath,” etc.