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If the statement (shown below) in a will is incorrect, does this make this will invalid? Because the first line is wrong!

Granbury, TX |

My mother's Last Will and Testament states, "THAT I, (HER NAME HERE), of Hood County, Texas, being of lawful age and of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, and do hereby revoke any and all other wills, codicils and other testamentary papers heretofore made by me." It states that she is from Hood County! She has never lived or owned property in Hood County! She is from Parker County. She has only visited Hood County maybe twice in her entire life! She has never spent one night in Hood County. She owned property with a large home in Parker County. And before that she lived and owned in Tarrant County!

Attorney Answers 4


The statement, if incorrect, would not by itself make a will invalid. Bit it could possibly be some evidence that she did not have testamentary capacity when signing the will.

Kendall Cockrell is an attorney with The Cockrell Law Firm in Beaumont, Texas. None of the opinions he states on this site constitute an attorney-client relationship. For more information, contact The Cockrell Law Firm. Contact information available on Kendall Cockrell's profile on this site.

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I doubt that the mere recitation of the wrong county in and of itself renders the will invalid. A judge will, if a contest is filed, will look to the totality of the circumstances such as whether perhaps it was a scriveners error in that the remainder of the will and the circumstances surrounding its execution indicate that the testator was of sound mind and not subjected to undue influence.
It would be best to retain a probate attorney in Parker County who can review the will and explore whether a Will contest should be considered.

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Unless mom was delusional or mentally incapacitated and actually believed she was somebody else who lived in Hood County, I'm going to guess that the lawyer's word processor screwed up and inserted someone else's language in the document. To err is human, to really screw things up, you need a computer. And I betcha that's what happened here.

This is not legal advice. I am not your lawyer. You are not my client. You cannot rely on my response to your question. My response to your question is probably worth exactly what you paid for it. You don't get to sue me for anything. If you'd like to sue me, well you have to hire me first.

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8 lawyers agree


I vote that that would not make the will invalid

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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