- the two witnesses went down the hall to another room to sign the will, while the testator remained in the room where he had signed the will. The problem was that the Texas statute required that the witnesses actually sign in the presence of the testator, and the court decides that the will is invalid. Lawyer’s fault for not complying with the formalities.
- extrinsic evidence is admissible to determine whether a document constitutes a will pursuant to Section 6110 or 6111, or to determine the meaning of a will or a portion of a will if the meaning is unclear
- extrinsic evidence is admissible to determine the validity of the will
- extrinsic evidence is also admissible to define the meaning of vague terms in the will
- if no subscribing witness is available as a witness within the meaning of Section 240 of the Evidence Code, the court may, if the will on its face conforms to all requirements of law, permit proof of the will by proof of the handwriting of the testator and one of the following:
- [a] proof of the handwriting of any one subscribing witness
- [b] receipt in evidence of one of the following documents reciting facts showing due execution of the will
- unless there is a contest, the will may be validated on the evidence of execution of one of the witnesses
- affidavits can also be used to verify the attestation [by incorporation in the original will or through declaration after the will]- channeling § 6110 through the affidavit
- unless there is a contest of a will:
- [a] a will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator
- a will that is not valid per 6110 because of lack of witnesses, can held valid if the testator’s signature and the material provisions [provisions disposing of property] of the will are in the handwriting of the testator
- a written will is validly executed if its execution complies with any of the following:
- [a] the will is executed in compliance with Section 6110 or 6111 or Chapter 6 (commencing with Section 6200) or Chapter 11 (commencing with Section 6380) (Uniform International Wills Act)
- [b] the execution of the will complies with the law at the time of execution of the place where the will is executed.
- [a] any person generally competent to be a witness may act as witness to a will
- any person can be a witness to a will
- [b] a will or any provision thereof is not invalid because the will is signed by an interested witness
- [a] except as provided in this part, a will shall be in writing and satisfy the requirements of this section:
- writing is not defined, preferably permanent; all of the requirements must be met
- [b] the will shall be signed by one of the following:
- [1] by the testator
- in the manner that they usually sign their name
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