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How can I make sure my will is valid?

| Jul 1, 2021 | Estate planning |

Once your estate goes into probate, the court will validate your will. It does this by checking all the legal requirements to ensure the document adheres.

Knowing what these requirements are is essential if you wish to avoid problems after your death and ensure the care of your heirs.

General guidelines

FindLaw explains to have a legal will in Texas, you will need to create the document when you are at least 18 years old. Minors cannot create legally binding wills. You also need to be mentally capable. If you have an illness or otherwise are not able to understand what you are doing, then you cannot create a will

Witnesses

You must sign your will with your own hand in front of two witnesses who will be willing to swear in court that it is your signature. If your will is an oral agreement, then you need three witnesses. The witnesses need to be at least 14 years old.

Special rules

If you wish to create an oral will, you must do so during the sickness that will end your life and be at a place you have lived for at least the last 10 days.

A holographic will is valid if you write the whole document in your handwriting. You do not need witnesses, but you should include an affidavit swearing it is your last will and testament.

Putting your last wishes into a document does not guarantee the court will recognize it as a legal will. You need to be sure you follow all legal requirements.