Wednesday, August 26, 2009
In re Estate of Romancik, 281 S.W.3d 592 (Tex. App.—El Paso 2008, no pet. h.): Testator signed page three of his will but did not sign the prior pages. The will left his entire estate to Mother. Wife claimed that Testator’s signature on page three was insufficient to demonstrate that he had testamentary intent with respect to the prior pages. Both the trial and appellate courts rejected Wife’s claim holding that the document reflected Testator’s testamentary intent.
Moral: Although not legally required, it may be prudent practice to have the testator initial (sign) each page of the will to demonstrate that the testator intended each page to be a part of his will.