You will is one of the most important legal documents you’ll ever create. It ensures that your wishes are honored, assets distributed correctly, and that your loved ones are cared for after your passing. But how can you be certain that your will is valid to go through the typical probate process? Here’s what you need to know to protect your intentions as shared by our Arlington, TX estate planning lawyer.
1. Meet Your State’s Legal Requirements
Every state has specific requirements for creating a valid will. In Texas, a valid will must:
- Be in writing (typed or handwritten)
- Be signed by you (the testator).
- Be signed by at least two competent witnesses who are not beneficiaries
Failing to meet these requirements can render your will null and void, leaving your estate subject to state intestacy laws which leads to further issues rather you pass away with or without a will.
2. Have Testamentary Capacity
To create a valid will you must be of sound mind. This means you must:
- Understand the purpose of your will.
- Know the nature and extent of your property.
- Recognize the individuals (heirs or beneficiaries) who will inherit from your estate
If there’s any doubt about your mental capacity at the time of drafting, your will could face legal challenges. Our lawyers have been rated in the top 100 of National Trial Lawyers, so our team is ready to help defend your estate planning if an issue arises with it such as showing that you were of sound mind when the will was created.
3. Sign The Will Property
Signing your will is more than just a formality: it’s essential. In Texas, you and your witnesses must sign in each other’s presence. This ensures the validity of your will and reduces the risk of disputes.
4. Consider Self-Proving Affidavits
A self-proving affidavit is an extra step that makes it easier to validate your will during probate proceedings. It’s a notarized document signed by you and your witnesses, affirming that the will was executed correctly.
5. Avoid Undue Influence
Your will must reflect your true intentions, free from pressure or manipulation by others. If someone suspects you were coerced into making certain decisions, they could challenge the validity of your will.
6. Keep It Updated
Life changes — marriage, divorce, children, or acquiring new assets — may require updates to your will. Regularly reviewing and revising your will ensures it remains valid and aligned with your current wishes.
7. Consult An Attorney
The best way to ensure that your will is valid is by consulting an experienced estate planning attorney. We can guide you through the legal process, helping you meet all legal requirements and avoid common pitfalls.
A valid will is the foundation of a solid estate plan. By following state laws, ensuring sound execution, and seeking legal guidance, you can protect your legacy and provide peace of mind to your loved ones. If you have questions about your will, contact Brandy Austin Law Firm today. Our lawyers have been rated as some of the top attorneys by Fort Worth Magazine and are ready to put their skills to work on your case!
