Many forms of modern technology make life safer and can decrease the amount of work necessary for humans. Technological advances have reduced manual labor requirements in various employment sectors and have expanded access to information. People can learn about almost any topic, including the law, with a simple search online.
However, the law does not always change as rapidly as technology does. People may then find themselves in a situation where their desire to be an early adopter of new technology puts them at legal risk. In the realm of estate planning, there are many technological advances that show real promise for making planning more accessible. Not only can people research estate planning online, but they can use technology to convey their last wishes.
People could create audio or video recordings where they explore their testamentary wishes. They could even draft electronic wills using digital templates. Are electronic wills or wills based on audio or video recordings currently valid and enforceable testamentary instruments in Texas?
Texas only recognizes written wills
There are two types of wills generally used in Texas. Many people have wills typed or printed by the lawyers who help them draft the document. They can feel confident that such wills conform to state laws. A much smaller portion of testators create holographic or handwritten wills on their own. Those are the only types of wills that Texas currently recognizes. Even then, holographic wills are subject to unique considerations that are not present in cases involving wills drafted by lawyers.
Electronic or digital wills are typically not valid unless people print them out and then sign them in front of witnesses in accordance with Texas statutes. Audio recordings or video footage are not legal substitutes for written testamentary instruments. Testators could use recordings to supplement their legal documents. However, video footage and audio recordings are not valid testamentary instruments under current Texas statutes.
People who try to create wills on their own without assistance could end up without valid documents to guide their estates. They may be at risk of the courts setting aside the estate plan they created in favor of upholding Texas intestate succession laws.
Understanding Texas requirements for valid wills could potentially help people safeguard their legacies and more effectively support their loved ones. Those who partner with lawyers to draft documents typically have less reason to worry about the courts invalidating their testamentary instruments after their passing.