pjc-family-2024-lib

PJC 230.4

W ILL C ONTESTS

Answer “Yes” or “No.” Answer: _______________

[Include additional questions and instructions related to the validity of the will as needed, including testamentary capacity, revocation, and undue influence, together with appropriate conditioning instructions.]

COMMENT Source. Items 1 and 2 in the foregoing submissions are based on Tex. Est. Code §§251.051, 251.052. Item 3 is based on Tex. Est. Code § 251.001. Item 4, which incorporates the definition of “testamentary intent,” is based on Hinson v. Hinson , 280 S.W.2d 731 (Tex. 1955); Price v. Huntsman , 430 S.W.2d 831 (Tex. App.—Waco 1968, writ ref’d n.r.e.); and Tex. Est. Code § 101.001. Burden of proof. See PJC 230.1 (burden of proof (comment)) concerning the burden of proof before and after a will is admitted to probate. Before a holographic will is admitted to probate, the proponent has the burden to prove the requirements of a holographic will. Cason v. Taylor , 51 S.W.3d 397, 405 (Tex. App.—Waco 2001, no pet.). After the will has been admitted to probate, the burden of proof shifts to the con testant to disprove at least one element required for a valid holographic will. See Lee v. Lee , 424 S.W.2d 609 (Tex. 1968). Identifying document. Any appropriate wording to identify the document may be used in place of the document dated DATE in the question. For example, the docu ment might be identified by its exhibit number. If not all requirements in dispute. Only the requirements in dispute in the par ticular case should be submitted. If only one requirement is in dispute, substitute the phrase the following requirement for the phrase all the following requirements in the question in PJC 230.4A and for the phrase any one or more of the following require ments in the question in PJC 230.4B. Signature. Although a holographic will must be signed by the testator, the signa ture may be in the body of the document and need not be at the end. Lawson v. Daw son’s Estate , 53 S.W. 64 (Tex. App. 1899, writ ref’d). In an appropriate case, the following instruction may be included: The decedent’s signature need not be at the end of the document . Surplusage. A holographic will may contain words not in the testator’s handwrit ing if the words are not necessary to complete the will and do not affect its meaning. Maul v. Williams , 69 S.W.2d 1107 (Tex. Comm’n App. 1934). In an appropriate case, the following should be substituted for item 1 in the question:

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