To make a valid Will in Texas, you must have legal capacity, testamentary capacity, and testamentary intent. You have legal capacity to make a Will in Texas if you are 18 years of age or older, or are or have been lawfully married. Testamentary capacity refers to being of “sound mind”. You have testamentary capacity to make a Will in Texas if you have the mental ability to understand: the business in which you are engaged; the effect of making a will; the nature and extent of your property; the persons who are the natural objects of your bounty (e.g. your relatives); the fact that you are disposing your assets; how all these elements relate so as to form an orderly plan for the disposition of your property
Further, you have testamentary intent if at the time you sign your Last Will and Testament, you intend to make a revocable disposition of your property to take effect at your death. In addition to legal capacity, testamentary capacity and testamentary intent, certain formalities need to be followed for a Will to be valid. The formalities that need to be followed depend on what type of Will you have made. In Texas, the testator may add a self-proving affidavit to the Will. A self-proving affidavit is signed by the person making the Will and two witnesses before a notary public. When a Will is probated, the self-proving affidavit substitutes for in-court testimony of witnesses as to the validity of the Will, which saves considerable time and expense. If a Will does not meet all the requirement set forth by the statutes, it will be declared invalid, meaning that your estate could be distributed through intestate succession.
If you own any property worth noting, it is imperative that you have a Will, no matter your physical well being or age. You cannot rely on the State of Texas to protect your interests, and you don't want to trouble your loved ones when the time comes that you are no longer with them.
Give me a call at (512) 743-1711 or email me at firstname.lastname@example.org and I can explain the process of writing and executing the Will, and as quickly as you provide your personal information and testamentary needs, we can begin to create a legal document that will effectuate that intent.