Do the Witnesses to a Will Have to Know They are Witnessing a Will?
Witnesses at a will signing attest the will. Attestation means the act of witnessing the performance of the statutory requirements to a valid execution of the will. Those statutory requirements do not include publication of a will’s contents or, for that reason, that the witnesses know that they are signing a will. “Publication,” in relation [...]
BBC reports that 20% of Wills in the UK May Contain Mistakes
The BBC reports that the Legal Services Board (LSB), which oversees the profession in England and Wales, said 20% of wills contained mistakes. Apparently, anyone can set up a will-writing service but the LSB wants all providers to be regulated. The LSB reports systematic problems with will-writing including unfair sales practices and fraud and deception. [...]
Does the phrase “is presently making payments to me” limit a gift of a mineral interest?
A testator’s will stated “I give all of my interest in the Crockett County, Texas, mineral interest that Occidental Permian Ltd. is presently making payments to me…” to my wife. After the testator died, additional wells were drilled on the land. Children from a prior marriage claimed that the gift to the wife was limited [...]
Unsworn Declarations Will Replace Affidavits, Verifications, Oaths, etc. in September.
The Texas Legislature has passed and the governor has signed House Bill 3674 which amends §132.001 of the Civil Practice and Remedies Code and states that an unsworn declaration “may be used in lieu of a written sworn declaration, verification, certification, oath, or affidavit required by statute or required by a rule, order, or requirement [...]
Can a testator make hand written changes to his will?
Texas recognizes two types of wills. A typed will and a handwritten will. A handwritten will is called a holographic will.These two types of wills are equally valid but have different requirements. A holographic or handwritten will, must be wholly in the handwriting of the testator. It cannot have parts that are printed and parts [...]
Can you incorporate another document into your will?
Some wills make reference to documents outside the will to dispose of property. If the other document is sufficiently identified and was in existence when the will was made, such a will can be valid. Most of the time, however, references to documents outside the will cause a challenge to the will. To survive the [...]
Concealing, altering or destroying a will is a state jail felony in Texas.
Texas Penal Code §32.47(d)(1) makes it a state jail felony for a person to conceal, alter or hide a will of another person. The statute says “A person commits an offense if, with intent to defraud or harm another, he destroys, removes, conceals, alters, substitutes, or otherwise impairs the verity, legibility, or availability of a [...]
When is a will effective?
A will normally becomes effective when the testator dies. But what happens when the testator revokes a prior will or revokes a trust? Does the revocation become effective on the date of death or on the date that the will was executed? Consider these facts: A woman creates a revocable trust leaving real estate to a grandson. Later, she [...]
Is a forged will good for something?
It can be used to determine when the statute of limitations starts running says the San Antonio Court of Appeals. A man died. A will was offered and admitted to probate. A contest was filed. The jury found the will to be a forgery. The trial court ruled that the testator died intestate. There was [...]
Where do you sign a will?
In a recent case, the testator had what was obviously a self made will. It was not prepared by a lawyer. As you might expect in that situation, the will was contested. The contest involved the location of the signature of the testator. The will was four pages long. The first two pages gave the [...]
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- Supreme Court rules children born by IVF not entitled to social security benefits.
- In Developing Countries, Lack of Inheritance Rights for Women May Depress the Country’s Economy
- Do the Witnesses to a Will Have to Know They are Witnessing a Will?
- BBC reports that 20% of Wills in the UK May Contain Mistakes
- Is There an Attorney Client Privilege in a Will Contest?
- Change In Massachusetts’ Probate Law Benefits Spouses.
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- Will contest in Australia.
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