A last will and will and will must meet certain requirements in Texas to be valid.
Here are the requirements that must be met when creating a will in our state:
- free will: What does this mean? This means that no one can force you or anyone else to create a will. Creating a will should be something you decide to do. Unfortunately, many older individuals are placed in a situation where they have no choice or are forced to make changes of their own will against their will. Someone might make them do this using emotional or physical force. Although they did not want to change the will, they were forced to do so anyway.
- the voice of reason: Another term used to describe a “sound mind” is ability. You must have the mental capacity to be able to create a valid will. You must have the ability to think and make decisions. Many circumstances arise in which the elderly are exploited. Their health is deteriorating and their mental capacity is not what it used to be. A family member, caregiver, or other greedy individual might jump into this situation and convince your elderly loved one to make changes to their will. Often these changes are harmful to everyone who would otherwise have an inheritance.
- Legal age: Of all the requirements for a will, this is the most direct. According to Texas law, if you want to draft a will, you must be at least 18 years old, married, or serve in the armed forces. Not too complicated, is it?
- Signatures: The will must be signed by the person making it. However, any other person at his instruction and presence can sign it.
- witnesses: The will must also be witnessed by two persons, at least 14 years old, before a notary. These witnesses must sign the will and must watch the will’s originator sign it.
Keep these requirements in mind as you sign your last will in order to protect your loved ones from the stress and cost of a potential will contest.
Need to speak with an estate planning expert or contest attorney in Dallas, Texas?
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