In a 2019 case, a husband filed an Application to probate a joint and mutual will as the last will of his wife. Because the document had not been executed with the formalities required of a will, the judge refused to admit the document as a will. The husband then filed it as a community property survivorship agreement. The son from a prior marriage of the wife contested the agreement.
The will was a form that the husband had downloaded from the internet. He and his wife signed it but no witnesses signed.
The court had to decide if the document was a coummunity property survivorship agreement.
ESTATE OF Lovell, 05-18-00690-CV (Tex. App. – Dallas July 30, 2019)
There were no witnesses to the agreement (no one signed as a witness) so the document could not be offered as a will. However, the statute on Community Property Survivorship Agreements doesn’t require that the agreement be witnessed. The will was admitted as a Community Property Survivorship Agreement transfering all community property to the husband on the death of the wife.
This was an unusual case. There was one document signed by both husband and wife. Usually, each would sign their on will not a Joint and mutual will as was the case here.
I have written about Community Property Settlement Agreements on my website. View that article here.
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Wills and Community Property Survivorship Agreements