What Are The Different Types of Wills in Texas?

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Making sure that your Will is up-to-date and valid is an incredibly important part of your estate planning. 

Because of this, it’s beneficial to know the different types of wills that are (and aren’t!) considered valid in Texas law. 

When considering your estate planning options, you need to understand the differences between each type of will and the legal requirements associated with them in order to make an informed decision. 

Additionally, understanding the difference between these documents can help ensure that assets are divided appropriately and that any instructions regarding guardianship or other sensitive matters are correctly followed. 

Understanding all available options also allows you to evaluate which type of will best suits your needs.

In this article, we’ll explore each type so you can choose the best option for you.

Holographic Will

A holographic will is a type of Will that does not require witnesses and is written entirely in the testator’s own handwriting. 

In order for it to be valid, all relevant information must be clearly written, dated and signed by the testator. 

Additionally, most jurisdictions require that the signature appear at the end of the document. 

The advantage of a holographic will is that it can be created without any assistance or formalization. 

However, they are often subject to greater scrutiny by courts due to their informal nature.

Simple Will

A simple Will is the most common type of will and typically includes basic provisions such as the appointment of an executor, designation of beneficiaries, distribution of assets, and any other instructions regarding funeral arrangements. 

It is used to ensure that a person’s wishes are carried out in the event of their death. 

This type of will must be formally drafted with the assistance of a lawyer or estate planner and typically requires two witnesses to be present at signing in order for it to be valid.

Testamentary Trust Will

A testamentary trust will is a type of Will that allows the testator to establish a trust fund using their estate. 

It allows them to outline how and when assets should be distributed to certain beneficiaries, as well as give instructions on how the trust should be managed. 

This type of will is used to protect the assets and allow them to grow over time, while also providing instructions on how and when they can be used or distributed. 

It can also be used to provide for dependents, such as children or disabled adults, who may not able to manage their own finances.

You can include a testamentary trust in any will. This is especially common when leaving a trust for your children. 

The fund is kept in a trust with clear and specific uses according to the will. 

Pour-Over Will

A pour-over will is a type of Will used in conjunction with a trust. 

It states that any assets that the testator owns at the time of their death should be “poured over” into the trust and managed according to the instructions set out in the trust document. 

This type of will ensures that all assets are covered by the provisions of the trust, even if they weren’t previously owned by it. 

The pour-over will can also be used as a safety net to ensure that any unexpected assets are still managed according to the wishes outlined in the trust.

Pour-Over wills are also known as  residual wills.

Last Will and testament

Reciprocal Will

A reciprocal will (also known as a Mirror Will) is a type of Will written by two people who have mutual interests in the distribution of their assets after death. 

In this type of will, each party mirrors the terms of the other’s Will, usually leaving all property and funds to the survivor if one person dies before the other. 

This allows both parties to control how their assets are distributed and provides greater security by ensuring that no unexpected changes take place after one testator passes away.

Joint Will

A joint will is a type of Will that two or more people write together. 

It combines the individual wishes of each testator into one document, and allows them to express their desires and intentions for the distribution of their assets after they die. 

This type of will can provide a significant amount of flexibility to ensure that property, funds, and other assets are managed according to the wishes of both individuals. 

It is often used by married couples who have extensive estates that need to be divided among many beneficiaries.

A joint will is different from a reciprocal will in that it combines the individual wishes of each testator into one document. 

Whereas a reciprocal will mirrors the terms of the other’s Will, a joint will allows both parties to control their assets while also providing flexibility. 

Additionally, with a joint will, beneficiaries are often specified, and arrangements can be made for specific assets or funds to go to particular individuals or organizations. 

A reciprocal will, on the other hand, usually leaves all property and funds to the surviving party if one partner dies before the other.

In most cases, we typically don’t recommend Joint Wills. 

Contractual Will

A contractual will is an agreement in which two or more parties enter into with the intention of providing for the distribution of property and funds upon their death in a mutually agreed-upon fashion. 

This type of will usually contains specific clauses that indicate who will receive each asset, how much they should receive, and what conditions exist for transfer of assets before or after death. 

Contractual wills are especially useful when dealing with property or inheritance disputes, as they set forth clear terms regarding the future of any assets involved.

It is worth noting that, to be a valid contractual will, there must be a separate contract. It is not sufficient to simply execute a will that calls itself contractual without having this separate agreement.

Living Will

Living Wills are quite different from the other Wills on this list, but they are still very important to be aware of.

A living will is a document that outlines an individual’s wishes if they become incapacitated and are unable to make decisions for themselves. 

This type of will specifies what actions should be taken regarding healthcare, life support, and any other medical treatments the individual does not wish to receive. 

It allows individuals to state their preferences about end-of-life care ahead of time, so that the burden of making those decisions does not fall on family members or other people close to them.

However, unlike the other forms of wills on this list, living wills do not deal with the distribution of property.

Living wills are also sometimes referred to as advance directives or healthcare declarations.

Deathbed Will

A deathbed will is a type of last-minute will that is prepared near the end of someone’s life. These are typically a type of holographic will, which means they’re usually handwritten and signed.

Although they are legally binding, in many cases deathbed wills can be contested due to their rushed nature and potential for dispute. 

Additionally, Deathbed Wills may not take into account the latest estate planning laws and regulations or changes in circumstances that may have occurred since the initial drafting of the will. 

For these reasons, deathbed wills are generally considered an undesirable option for estate planning.

In most cases, they create more problems for your loved ones and are only better than having no will at all.

Online Will

Also known as Electronic Wills, Online wills are beginning to gain popularity.

Online wills are a type of digital estate planning document that can be created and signed without the assistance of an attorney. 

These documents allow an individual to create their own will with the help of a simple online program. 

While these are convenient and easy to use, it is important to note that online wills are relatively new and not always recognized in the same way as other types of wills. 

Furthermore, they may not take into account changes in estate planning laws or fees associated with certain assets, making them less desirable than wills drafted with the help of an attorney.

Currently, wholly “electronic” wills do not meet the requirements for a valid will in Texas.

Oral Will

Oral Wills (also known as Nuncupative Wills) are uncommitted agreements made between two or more parties that outline how a person’s estate should be divided and distributed upon their death. 

Oral wills are not legally binding and, therefore, may not hold up in court if contested. 

For this reason, they are typically only used in situations where all parties involved agree to the terms of the will and there is no dispute over inheritance or assets. 

Oral wills are especially useful when dealing with family disputes, as they can provide a solution without having to resort to legal action.

As of September 2007, Oral Wills are no longer recognized in Texas. 

How Do You Know Which Will Is Right For You?

Choosing the right type of will for your own needs is an important decision.

When deciding which type of will is right for you, it’s important to consider the nature and value of your assets, as well as any potential disputes that may arise after your death. 

It’s also important to take into account any specific legal requirements that must be met in order to ensure the validity of the will. 

Ultimately, consulting with a lawyer who specializes in estate planning can help provide you with the best advice and guidance on choosing the right type of will for your needs and ensuring it is legally binding.

Final Thoughts – The Types of Wills in Texas

When it comes to estate planning, it’s important to understand the different types of wills available in Texas and how they may affect your wishes after you pass away. 

Depending on your specific needs and circumstances, either a living or an oral will may be the best option for you and your family. 

To ensure that the will is legally binding and meets all legal requirements, it’s important to consult with a lawyer who specializes in estate planning. 

Schedule a consultation with Dishongh Law today to help make the decision that best serves you and your family.




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Malcolm Dishongh

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