Legal Question in Wills and Trusts in Texas

Notary addition

My father in law had a will made up were my wife gets his estate,She has a sister that the father does not want anything to do with so she is not in the will.

Can I take the will to a notary with my father in law and have a clause added that states my wifes sister is to get nothing?will this work as she will contest the will if it does not say something to this effect.

Thank you


Asked on 7/08/06, 5:37 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Notary addition

If a child is not named in a will, there is a presumption that the child was inadvertently overlooked, and would take as if there was no will at all. If your F-I-L wants to disinherit his daughter, he should specifically state that in his will, and probably give some reasonable basis for it.

The will may have to be re-written, rather than attempting a do-it-yourself codicil.

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Answered on 7/09/06, 12:20 pm


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