pjc-family-2024-lib

PJC 230.3

W ILL C ONTESTS

question in PJC 230.3A and for the phrase any one or more of the following require ments in the question in PJC 230.3B. Rewording if signed by another person . If appropriate, substitute the following for item 2: 2. The document was signed by another person on behalf of the decedent in his presence and under his direction; [ and ] [ or ] Signature. A will may be signed with any mark made by the testator. If a testator cannot write, the requirement of a signature can be made by an X . Orozco v. Orozco , 917 S.W.2d 70 (Tex. App.—San Antonio 1996, writ denied); Guest v. Guest , 235 S.W.2d 710 (Tex. App.—Fort Worth 1950, writ ref’d n.r.e.); Short v. Short , 67 S.W.2d 425 (Tex. App.—Amarillo 1933, no writ). If appropriate, the following instruction may be included: A will may be signed with a mark made by the decedent intended to be his signature. Rewording for certain wills. For testators dying on or after September 1, 2015, a written will does not need to meet the requirements of Tex. Est. Code §251.051 if it was executed in compliance with the law of the state or foreign country (1) where the will was executed, as that law existed when the will was executed, or (2) where the testator was domiciled or had a place of residence, as that law existed when the will was executed or the testator died. Tex. Est. Code §251.053. Rewording of the list of requirements above may be necessary to reflect that foreign law.

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