Grounds for Contest in a Texas Holographic Will
Texas allows holographic wills, or wills that are completely handwritten, pursuant to Section 59 of the Texas probate code. Contesting the validity of a holographic will must be done in a Texas probate court. The grounds for contesting a holographic will are the same as those used for contesting a non-holographic will, with a few minor variations.
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Wholly in Testator's Writing
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In Texas, holographic wills must be written completely in the testator's handwriting. Any part of the will not in the testator's own writing is open to contest. Texas' probate code also requires the signature of the testator. Unlike regular wills, holographic wills do not require attestation by two witnesses. Thus, a holographic will cannot be contested for lack of witnesses. Section 59 (b) of Texas' probate code allows a testator to later "self-prove" a holographic will by attaching a notarized affidavit.
Competency
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Pursuant to Section 59 (a) Texas' probate code, the testator of a holographic will must be of "sound mind" and at least 18-years-old. Having a sound mind and being of the age of majority is required, as a will should be given effect only if it represents the testator's true desires. A testator must recognize the nature and extent of his property before he can execute a valid will. In Texas, if a holographic will was made by someone lacking capacity, it is open to contest.
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Undue Influence
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Undue influence often involves coercion; where coercion is suspected, a holographic will may be open to contest. Coercion occurs when a testator is coerced into doing something he does not want to do. Coercion can come in different forms; severe coercion can occur under physical confinement or violence. People in the last days or hours of their lives may be weak and susceptible to coercion. Typically, persons contesting a will must be able to prove the testator was vulnerable to undue influence, the influencer had motive to employ undue influence, the influencer had opportunity to wield undue influence and the final will is the result of the undue influence.
Revocation
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Wills are ambulatory, meaning a will may be modified or revoked at any time during the testator's lifetime. Pursuant to Section 63 of Texas' probate code, wills may be revoked by subsequent wills, a written declaration, a codicil or physical destruction of a will. Often, wills are contested on the grounds that the testator meant to revoke a prior will by executing an inconsistent subsequent will or codicil.
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