Can I Make Handwritten Modifications To My Typewritten Will?

Originally published by Rania Combs.

Your typewritten Will likely reflected all your wishes when you originally signed it, but things may have changed.

It may be that you’d like to replace the executor you originally selected with another trusted family member. Or perhaps, you’ve decided that you’d like Grandma’s china to pass to your niece, rather than your nephew. And you would like your newly acquired Harley Davidson motorcycle to pass to your brother.

Because the changes seem so minor, you might consider just striking out some names, and replacing them with others. Or perhaps, you might insert a line or two in your original Will. For good measure, you might initial above the changes. That way, others would know you were responsible for the alterations and interlineations. That should work, right?

The short answer is no.

The General Rule

Alterations and interlineations a Testator makes before he or she executes a typewritten Will are valid; however, changes made after the Testator signs a Will have no effect.

Regardless of the handwritten changes the Testator makes, the Will as originally written will be admitted to probate. Unless the Testator observed all the formalities required for making a Will when he or she made the changes, the modifications will be disregarded. Additionally, if the testator makes so many interlineations that it is impossible to establish the terms of the Will as originally written, the probate court may not admit the Will to probate.

Different Rules for Holographic Wills

Note, however, that these rules do not apply to holographic Wills if there is proof that a Testator made the changes in the Testator’s own handwriting. In that case, the probate court will recognize alterations and interlineations as a valid revocation of the prior provisions and a valid disposition according to the new provisions.

This article was originally published on June 16, 2014, and updated on March 10, 2021.

The post Can I Make Handwritten Modifications To My Typewritten Will? appeared first on Rania Combs Law, PLLC.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

from Texas Bar Today https://ift.tt/30C9Aij
via Abogado Aly Website