When it comes to
planning your estate, there are several requirements that you will need to address in order
for your last Will and testament to be valid. Your Will dictates how your
assets will be distributed after you pass away. However, your Will can
be challenged in a court of law, which is why it is crucial to make sure
that your Will complies with the laws in your state.
Will Requirement #1: Sound Mind
The first requirement for a Will is that it must be signed by a person
of sound mind. This means the person making the Will must have knowledge
about what they own and how their assets will be distributed. Some families
will attempt to
make a Will after a person has died. When this occurs, the family usually runs into
issues because a notary and the two witnesses cannot sign the Will because
the person is dead, hence they are not of sound mind. Additionally, this
particular action can be considered fraud or undue influence, which will
result in the Will being invalidated if it is challenged.
Will Requirement #2: Witnesses
For a Will to be valid, 2 credible witnesses who are at least 14 years
of age must be around when it is signed. The witnesses must also sign
their names on the last page of the Will. Clearly mark page numbers on
every page, this way no other pages can be added or removed between the
time it is signed and the time the Will maker dies. At J. Roland Jeter,
P.C., our office numbers each page of the Will and has the person making
the Will sign their full signature on each page. The person who witnesses
the signing of the Will also needs to have the mental capacity to understand
what they are signing and must be at least 18 years old. Witnesses cannot
be named as a beneficiary in the Will.
Will Requirement #3: Can’t Be Fraudulent
A Will becomes invalid if it was created through fraudulent means. This includes:
- Knowingly making false statements
- Intentionally deceiving another party
If you want your Will to make it through
probate court, it should be as clear as possible, this way your assets will be distributed
in accordance with your wishes. A self-proving affidavit should be also
be added at the end of the Will. It needs to be signed by you, both witnesses,
and the Notary Public. By doing this, the witnesses won’t have to
appear in Probate Court when the probate hearing is held.
In addition to a self-proving affidavit, you need to name an Executor and
a Successor Executor in the Will to be appointed by the Court. These people
cannot be convicted felons or of unsound mind.
Get Help From a Probate Attorney Today
There are many issues that can potentially invalidate a Will, which is
why you should consult with an experienced attorney to discuss what you
need to include in your estate plan. At J. Roland Jeter, P.C., we are
committed to helping clients throughout Texas with all of their estate
planning needs. From creating a Will to forming a living trust, we can
make sure that your assets are fully protected after you pass away. Let
us put our skills and resources to work for you.
Call {F:P:Site:Phone}, or contact our Irving probate attorney
to
schedule a free 30-minute consultation with our friendly legal team.