Creating a will allows you to create a plan for the distribution of your assets upon your death. Although wills are not legally required, dying without one means the distribution of your estate will follow the default rules of the Texas intestacy laws, which could result in your assets being distributed in a way that you would not have wanted. Let us help you draft a will and ensure that it meets all of Texas’ requirements in order to be legally valid.
Requirements
There are various legal requirements the State of Texas imposes in order to create a valid will.
- AgeYou must be at least 18 years old to create a valid will. However, if you are serving in the military, or are or once were lawfully married, this requirement does not apply.
- CapacityYou must be “of sound mind” to create a valid will. A person is of sound mind when they have the mental ability to (1) understand that they are making a will; (2) understand the effect of making a will; (3) understand the general nature and extent of their property; and (4) to know the natural objects of their bounty and the claims upon them. Essentially, the person attempting to make the will must be mentally capable of making decisions and understanding the consequences of making the will.
- SignatureThe will must be signed by the person attempting to make the will, or by someone else at their direction and in their presence.
- WitnessesThere must be two or more witness over the age of 14 sign the will and present when the will is signed.
- BeneficiariesThe will can distribute the assets to anyone, but it must distribute the property to at least one person. The person receiving the assets is called the beneficiary.
Modification
An existing will can be modified in order to address any changed circumstances or wishes that you have regarding the distribution of your estate. One of the simplest ways to do this is to simply write a new will and state in that new will that you are cancelling the original will and want the new will to apply. You can also create a codicil. A codicil is a document that changes specific portions of the original will, but leaves other portions the same. Both drafting a completely new will or making changes to the will with a codicil must still meet all of the above-mentioned legal requirements.
Whether you are looking to create a will or modify an existing will, it is important you have a skilled attorney to ensure that your will meets all of Texas’ legal requirements. Let us help you rest assured that all of your estate planning goals will be met and that your loved ones will be taken care of when you are no longer here.