In Texas, X died testate. The will identifies Legatee A (who is the son of X) as
ID: 2582330 • Letter: I
Question
In Texas, X died testate. The will identifies Legatee A (who is the son of X) as a beneficiary of a legacy. However, X’s will is amended by "Codicil 1" which states that legatee A refuses to accept any legacy or devise under this will. The will states: "Codicil 1 is attached to this will and amends this will to the extent so provided in Codicil 1". "Codicil 1" purports to have been signed by legatee A. Legatee A brings suit against the executor of the will on grounds that Legatee A did not sign "Codicil 1". Legatee A claims the signature of Legatee A in "Codicil 1" is a forgery. Which of the following statements, if any, is correct regarding the law in Texas?
a. None of the other choices are correct. b. In order to prevent the judge from exercising discretion as to whether "Codicil 1" is legally part of the will, the will must state "Codicil 1 is attached hereto and incorporated by reference". The will's use of the words "Codicil 1 is attached to this will and amends this will to the extent so provided in Codicil 1" is legally insufficient for the judge to use discretion as to whether "Codicil 1" is legally part of the will. c. The judge is legally required to consider "Codicil 1" as part of the will as long as "Codicil 1" is physically attached to the will. d. In order to prevent the judge from exercising discretion as to whether "Codicil 1" is legally part of the will, the will should state "Codicil 1 is attached hereto and incorporated by reference". The will's use of the words "Codicil 1 is attached to this will and amends this will to the extent so provided in Codicil 1" allows the judge to use discretion as to whether "Codicil 1" is legally part of the will. e. The only way a judge can find that "Codicil 1" is legally part of the will, is if the will states "Codicil 1 is attached hereto and incorporated by reference". The will's use of the words "Codicil 1 is attached to this will and amends this will to the extent so provided in Codicil 1" is insufficient for the judge to find that "Codicil 1" is legally part of the will.Explanation / Answer
In the state of Texas while providing Codicil the person receives or gets appropriate witness as well as notarial statements. Thus the judge, in this case, will call for the examination of the witness to determine if the Codicil was signed by A or is it indeed a forgery as being claimed by A.
Texas law specifically states that the signing of codicil should be witnessed by ‘at least two other individuals’. Also included should be self-proving affidavit and this must have been signed by A (in this case) and the witnesses.
Thus in this case the judge will call on the witnesses to determine if the codicil is legally a part of the will or not.
Hence the answer is option “a” – none of the other choices are correct.
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