Law Offices of Alice Black2100 Main Street

Friendly, New Washington 00065(200) 267-7000 ● FAX 267-7001 ● www.AliceLaw.com

May 5, 2010May 5, 2010Mrs. Holly DixonRe: Possibility of having your late husband, Thomas Dixon’s, holographic will be admissible

Dear Mrs. Dixon:When we last spoke we discussed the possibility of having your late husband’s

holographic will be admissible for probate. This opinion is based on the facts outlined in fact section of this letter and the applicable law as of the date of the letter. This letter is solely for your benefit and limited to the facts discussed below. Please contact me if any of the facts are misstated or if you have additional information.

FACTSBefore Mr. Dixon’s death he created a holographic will. The first half of this will was in

Mr. Dixon’s handwriting. The second half was type written by his neighbor, Edgar Mae. Mr. Mae states that Mr. Dixon was too weak to continue the will. There was no witnesses to the will, but is signed by Mr. Dixon and has a self-proving affidavit that meet the requirements of the statute. The will was submitted by his sister and personal representative, Mary Cary.

ANSWERBased upon the above facts, you probably could successfully get the will to be admissible

in probate. You could claim that because the will was not fully the handwriting of Mr. Dixon and that because there was no witnesses to the typewriting that the will is not valid. Under the applicable Texas Probate Code a will must be in the handwriting of the testator and if not, must have two witnesses.

EXPLANATIONThe Texas Probate Code governs wills and what can be considered a valid will. In Tex.

Prob. Code. Ann. § 59 it governs requirements of a will stating “Every last will and testament . . . shall be in writing . . . and shall, if not wholly in the hand writing of the testator , be attested by two (2) or more credible witnesses . . . .” In Tex. Prob. Code. Ann. § 60 it governs the exception pertaining to holographic wills stating “Where the will is written wholly in the handwriting of the testator, the attestation of the scribing witnesses may be dispensed with. Such a will may be made self-proved by the attachment or annexation thereto of an affidavit by the testator to the effect that the instrument is his last will; that he was at least eighteen years or age when he executed it . . .; that he was sound mind; and that he has not revoked such instrument.”

These codes show that your late husband’s will needed to be in his own hand writing and if not, needed to have two witnesses. Mr. Dixon did not have two witnesses to verify his will causing it to be questionable for validity. Although he added his self-proved by attestation, he needed to have two witnesses attest to the will.

In Dean v. Dickey it was questioned if a typewritten will, by the testator, is found valid. The court denied probate of the will. This case like your case has a question on whether or not

typewritten wills are valid without witnesses. Dean v. Dickey, however, unlike your case was done by the testator, himself. It is my opinion, because of your late husband’s will being written by another individual without witnesses, that his will will be admissible.

I hope this information answers your question. If you have additional information concerning the will or have any other questions, please contact me.

Sincerely,__________________Alice BlackAttorney at Law

HMH/hmh