Create a Legally Valid Will in Texas

To create a valid will, you’ll need to know the legal requirements of your state. In the case of Texas, you will need a testator who is at least 18-years-old and of full mental capacity. The testator is the person who the will is about, and usually, it’s someone who wishes to pass along their assets, their money, and their estate to certain beneficiaries once they die. Because of the nature of inheritance, many testators want to have legal documentation that reflect their wishes upon their death

Drafting a Will

While the state of Texas doesn’t always require notarization for will drafting, it comes highly recommended. Notarization is the process where a witness watches you sign the document that’s been drafted; this is a fraud deterrent that ensures that the will is authentic. Usually, the signer will need proper identification and a notary for this process. In the state of Texas, the law generally recognizes two types of wills: handwritten wills and attested wills. While Texas doesn’t require an official notarization, it does require a self-proving affidavit – a sworn statement attached to the will that proves the validity of the document.

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Challenging a Will

The execution of a will doesn’t go smoothly. If there’s a beneficiary who wants to challenge the details of a will, then they can file a formal lawsuit that disputes the will’s validity. A will can be legally challenged if a beneficiary believes that the testator didn’t have legal capacity, testamentary capacity, and testamentary intent while creating the will. The will can also be challenged if an inherited asset wasn’t 100% owned by the testator.

Why You Need Legal Assistance

Hiring an attorney comes highly recommended with the will-drafting process. A trained legal expert can help to make sure that the will is thorough in detail and in accordance with Texas law. This is especially relevant if you want to make sure that your family and loved ones get the full benefits after you die. If there’s something you want to challenge in a will, then hiring an experienced legal attorney becomes absolutely necessary.