How many kinds of Wills are there?

In Texas, there are three types of Wills: attested Wills (signed by Testator, and two witnesses in the Testator’s presence), holographic Wills (handwritten, signed by Testator, but not witnessed) and oral Wills (valid only for personal property and if made during Testator’s last illness). Most Wills are attested Wills. There is another instrument that is complimentary to a Will – a Codicil. A Codicil is an amendment to an existing Will that works to change the Will’s character. To be a valid Codicil, it must be executed with the formalities of an attested Will. That is, it must be signed by the Testator and at least two disinterested witnesses.

Generally, a Codicil will alter a portion of the Will, not the entire Will. If the Codicil alters the entire Will, courts will likely find that the document is a new Will and not a Codicil. Oftentimes, a person will draft a Codicil when the devise of a particular asset mentioned in the Will has changed or that asset no longer exists or has changes character. People also use Codicils to change the beneficiary of certain assets.

Overall, there are a multitude of issues with regards to Wills, Trusts and Advanced Directives, and to make sure that you are doing everything you can during your lifetime to prepare for what will happen after you have passed, contact a Conroe estate planning lawyer at Garg & Associates today to get this process started and to protect the future of those you love.

Please contact our office to see how we can assist you. Learn more about our Areas of Practice.

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Garg & Associates, PC | 21 Waterway Avenue, Suite 300 | The Woodlands, Texas 77380 Please call 281-362-2865 | Fax: 866-743-4506
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Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.