pjc-family-2024-lib

PJC 230.8

W ILL C ONTESTS

Holographic will. Subsequent alterations and interlineations in a holographic will are not invalid. See Stanley v. Henderson , 162 S.W.2d 95 (Tex. 1942) (changes made by testator in holographic will were controlling over conflicting provisions of original will because they were made later). 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. If the will has not been admitted to probate, the proponent who seeks to have the alterations given effect has the burden of proving that the alterations were made before the will was signed. If the will has already been admitted to probate and the order specifically admits the alter ations to probate, the contestant who seeks to have the alterations ignored has the bur den of proving that the alterations were made after execution of the will. However, if the will was admitted to probate and the order specifically excludes the alterations from probate, the proponent seeking to have the alterations given effect must prove that the alterations were made before the will was signed. If order silent regarding alterations. The Committee has found no Texas authority on the effect of an order admitting a will to probate that is silent about the admission or exclusion of alterations and expresses no opinion on which of PJC 230.8B or PJC 230.8C should be used in such a situation. 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.

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