What is a Will?

A will, or “last will and testament,” is a legal document that says what you want to happen with your belongings and properties after death. It lets you choose how your things are shared and, ultimately, gives your family peace of mind, ensuring that disputes are avoided after your passing.

Talking to an attorney with years of experience helping clients create their wills can assist you in creating yours. Jack Robinson ensures quality service to his clients and can provide valuable insights into the process. You will certainly feel supported every step of the way and will ensure that your will meets all necessary requirements.

What Constitutes a Will to Be Valid in Texas?

We’ll guide you through every step, ensuring your assets are effectively managed and passed on according to your wishes.

The main requirements for a will to be valid in Texas include:

1. In Writing

Your will must exist in a physical form, whether handwritten or typed on a computer and printed. Digital copies and assets, like PDFs saved on your computer, aren’t considered valid.

2. Age Requirement

You must be at least 18 years old to create a will unless you’re married or serve in the military.

3. Sound Mind and Memory

You must be of sound mind and memory, which means that you:

• Understand the implications of making a will
• Comprehend the extent of your property and relationships
• Can make reasonable judgments regarding matters your will controls, such as naming a guardian for your minor children

4. Freely and Voluntarily Made

Your will must be made freely and voluntarily, without improper pressure from individuals who influence you, such as caretakers or family members. This safeguard against coercion is known as “undue influence.”

5. Signed in the Presence of Witnesses

You must sign your will in the presence of at least two credible witnesses, who must also sign it. According to the Texas Estates Code, witnesses must be at least 14 years old and cannot receive any financial benefit under your will, ensuring their impartiality.

Consulting with a legal professional with proven experience in Texas wills and estate planning can help you navigate the process and ensure your will reflects your desires accurately.

Invalid Will in Texas

If a will doesn’t meet Texas’ requirements to be valid, it’s not considered a will. This means the person’s wishes won’t be followed as they wanted.

Instead, their assets will be divided according to Texas laws for when someone dies without a will.

This might mean giving assets to people who weren’t meant to get them. That’s why it’s crucial to make sure your will meets all the rules to ensure your final wishes are honored.