Things you Shouldn’t Forget
The purpose of a last will and testament is to provide specific instructions about what an individual wants to do with his assets or possessions when he dies. Since most wills are required by law to be very exact when it comes to naming beneficiaries, as well as stating the possessions that heirs will be receiving, then these documents also help to avoid family disputes, which could be expensive and time consuming. A Texas will is, therefore, indeed advantageous in many levels.
So, here are a few helpful tips on how to make a will in Texas. The testator, or the person who is creating a will, must be at least 18 years of age. He must possess a sound mind while crafting his testament. The term “sound mind” means that the testator must know who his heirs or beneficiaries are, as well as know what specific possessions he is bequeathing to each beneficiary. Any type of will must also be written willingly. If the court finds that a will was written under duress, then it will invalidate the document.
Finally, for a will to be complete and legally binding, this must be signed by the testator and two other witnesses. The state of Texas allows for witnesses to be at least 14 years old. When signing the will, the testator and his witnesses must affix their signatures on the will in each other’s presence. Moreover, it is advised that the testator also make a self-proving affidavit. This should be signed by the testator, the two witnesses, plus a notary public, and this document will prove that the testator and his witnesses were all present during the signing of the will. A self-proving affidavit will further attest that the testator had the proper capacity when the will was signed.
Most people mistakenly believe that they have to hire an attorney in order to draft a Texas will. This isn’t so. Every person has the right to compose his own will, but he must follow state laws regarding will content and format.