May 11, 2011. Bill Szydlowski
credit: law_kevenWhy should you think about making wills when everything seems great? Well, things can change in an instant, and it’s best that we’re prepared for things that might happen. One way of doing this is by creating a Texas will, which is a document that gives instructions as regards what we want to do with our assets when we die.
A person can make a will with his lawyer, but he can also do this on his own. If you’re thinking about doing your own will, here are a few basic pointers on how to make a will in Texas. There is an age requirement for testators or the individuals making a will. He should be at least 18 years old, and he should be doing this willingly. A will that has been created under duress is not enforceable. Then, a testator must be of sound mind. He should be aware of what types of possessions he is distributing, as well as to whom he wishes to bequeath such assets. Once the testator is finished writing his will, he must sign this in the presence of two witnesses. These witnesses must then sign the document, again in the presence of the testator. In order that the witnesses wouldn’t have to be required by law to appear in court if a will is challenged, then it’s best to also have a self-proving affidavit. This affidavit will state that the testator and witnesses were all present when the will was signed, and that the testator was of sound mind too. This affidavit must be signed by the testator, the two witnesses and a notary public. In choosing witnesses, make sure that these people aren’t your heirs or beneficiaries as this could cause some problems for you.
Even though a person doesn’t have a legal background, he can create a valid Texas will just by following content and format rules. But be aware of technical requirements and follow these accordingly to avoid problems with the validity of your will.
Updated May 11, 2011. Published May 6, 2011. Bill Szydlowski
