A Testamentary Letter is a legal document that acts as a personal letter from a deceased individual to their beneficiaries or loved ones. Unlike a will, which is a formal legal instrument that outlines the distribution of one’s estate, a testamentary letter is often informal and does not require the same legal formalities, such as witness signatures or notarization.
The testamentary letter may express the deceased’s wishes regarding their estate, personal feelings, or instructions that may not be included in their will. It serves as a way for the decedent to communicate their thoughts or emotions about their beneficiaries or specific bequests. This letter can provide context to the decisions made in the will, helping heirs understand the reasoning behind certain distributions or choices.
While a testamentary letter can be a powerful tool for expressing intent and sentiment, it is important to note that it does not have the same legal standing as a will. Courts may consider it as a supplementary document to the will, but it cannot replace the formalities required for a valid will. For example, if a person leaves a testamentary letter stating their desire for a certain family heirloom to go to a specific child, but the will states otherwise, the provisions in the will would prevail in probate court.
In Texas, as in other jurisdictions, the inclusion of a testamentary letter may provide insight into the decedent’s intentions, but beneficiaries should still rely primarily on the will to understand their legal rights and obligations regarding the distribution of the estate.
« Back to Glossary Index