The FAQ’s of Estate Planning #2: Can I Make a Will Myself?

Another question that we receive routinely is, “Can I Make a Will Myself?”

The Answer:  Texas law does allow someone to create a Will on their own, but it is typically not a good idea.  A holographic, or handwritten, Will must be completely in your own handwriting, and it should be signed and dated.  If you type the Will, it must be signed, dated, and witnessed by two witnesses.  However, we frequently see cases where someone tried to create their own Will but ended up creating a huge mess instead.  After death, the self-created Will creates problems because the person who created it did not understand the correct terminology and had unintentionally made ambiguous statements that were not interpreted correctly by the family or the courts.  Those mistakes often lead to huge fights that result in fractured families and divisions of property not intended by the deceased.  It is much more advisable to have a competent attorney assist you in preparing a Will.