There are certain requirements in the state of Texas for the creation of a valid will. The person whose property is to be divided by use of the will, also known as the testator, has to have legal and testamentary capacity. Testamentary capacity means that the person has the mental ability to understand what they are doing when creating a will and they can comprehend the effect that the will could have on the property they own.
Legal capacity in the state of Texas means that the individual is at least 18 years of age or is a member of the United States Armed Forces. In the alternative, they must, at the very least, have been lawfully married. The final, and often easiest, requirement for the creation of a valid will is that the person creating the will has testamentary intent at the time of creation.
This means that when drafting and signing the will, the testator wishes to have his property distributed in the manner they specified in the will. As long as the above requirements have been met in the state of Texas, a valid will can be formed. There are, however, certain processes that must be in place at the time of the creation of the will. There are two different types of approved wills within the state of Texas.
The first is an attested will, which is signed by the testator or someone who has been approved to sign the will in their absence. The document must be signed and witnessed by at least two people, both of which must be over the age of 14. The second type of will allowed in the state of Texas is called a holographic will. A holographic will is usually the type of will that you see in movies or read about in books.
This is the will that is written using the handwriting of the testator and signed by them. Sometimes you hear about these holographic wills on book covers or normal printer paper. Unfortunately, these are the types of wills that are usually created when a person is aware of their imminent death Read the full article!
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