Drafting a valid Texas will (ideally) provides a testator with peace of mind and their loved ones with both guidance and protection when the testator dies. Wills can be one of the foundational documents of an estate plan or possibly the only document an individual drafts.
It is of the utmost importance that people have appropriate assistance when putting together a will. Otherwise, they might fail to meet some of the basic Texas will requirements.
A competent adult testator
A testator is an individual establishing testamentary documents. Typically, the testator needs to be at least 18 or an emancipated minor to have the legal authority to draft a will. They also have to have testamentary capacity. Individuals with testamentary capacity understand their resources, can identify their beneficiaries and recognize the impact and estate plan can have.
A written or printed document
Testators cannot rely on audio or video recordings to serve as a will. They also cannot use fully digital documents. They can use a physical document. Many people have printed wills drafted by an attorney. Other times, people may write out a holographic will entirely in their own handwriting. Holographic wills are sometimes vulnerable to contests, as people may not recognize the handwriting of the testator and could question the documents validity.
Witness signatures
A Texas will require the signatures of at least two witnesses. Although almost anyone can serve as a witness, it is often beneficial to choose people who do not stand to inherit from the estate. Doing so eliminates claims that there could be a conflict of interest or the potential for undue influence.
A statement of testamentary intent
Every will generally needs to acknowledge in writing that the intent of the document is to address someone’s death and the legacy they leave behind later. Although the exact wording can vary from one document to another, establishing testamentary intent is an important element of drafting a will.
Specific instructions
Wills can include a variety of different instructions. They may nominate an individual to serve as personal representative. They might identify beneficiaries and allocate specific assets to them. Wills kind of also name guardians to care for children.
Meeting all five of those requirements is crucial for those engaged in Texas estate planning. A valid will can help an individual determine what happens to their property and their loved ones after their passing.