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Wills

Formalities

    Luker v. Youngmeyer, 36 S.W.3d 628 (Tex. App.—Tyler 2000, no pet. h.).

    Testatrix executed a valid will in 1989.  After her death, Caregiver attempted to probate a holographic document as a subsequent will.  Both the trial and appellate courts rejected this document because Testatrix did not sign the document.  Prob. Code § 60.  The only place Testatrix’s name appeared on the document was in a reference to a trust she had previously created.  Texas courts are very liberal as to what constitutes a signature.  However, Testatrix’s use of her name when referring to an inter vivos trust was not enough to constitute a signature intended to express her approval of the dispositive provisions of the holographic instrument.

    Moral:  Clients should be encouraged to consult with an attorney when they desire changes to their wills to make certain all formalities are satisfied.