Dallas Will Attorneys Explain the Requirements for a Valid Will
Drafting a last will and testament is one of the few steps you can take to safeguard your loved ones after you pass away. Turn the task over to an experienced Dallas will attorney, and you won’t have to worry about whether or not the document is properly executed.
In Texas, as in every other state, a last will and testament must meet certain criteria to be considered valid. In addition, several types of wills are allowed under state law, some of which may not meet your needs. Given the importance of the document, working with an accomplished will attorney is wise, but keep reading to learn the rules on making a legally binding will in Texas.
Legal Capacity
For a last will and testament to be valid, the person who creates the document – known as the testator – must have the legal capacity to do so. In Texas, an individual must be at least 18 years or age, lawfully married or a member of the armed forces to execute a lawful will.
Sound Mind
Texas law acknowledges the importance of having the mental ability to understand what it means to draft a last will and testament. Referred to as testamentary capacity by Dallas will attorneys, being of sound mind means being clear-headed and capable of rational thought.
Intent
Another requirement for a legally binding will in Texas is testamentary intent. In other words, the testator must draft the document knowing that they’re making a plan for the distribution of their estate after death – and it must be clearly identified as their last will and testament.
Volition
According to Dallas will attorneys, choice is another crucial condition for a will to be valid in Texas. The individual must freely decide to establish their last will and testament – they cannot be under duress or pressured by anyone, or the document won’t be considered legal.
Signature
In order for a will to be valid in the state of Texas, it must be signed by the testator and attested to by at least two witnesses who are over age 14. Witnesses must be disinterested parties, and Dallas will attorneys say that can be anyone who isn’t named as an heir.
Types of Wills Recognized in Texas
When putting together a comprehensive estate plan, Dallas residents can choose from a number of types of wills. Each serves different purposes, and the right document for an individual depends on their unique circumstances. An experienced will attorney can make a recommendation, but all of the following can be legally binding in Texas:
Simple wills – The most common type, a simple will outlines the testator’s assets and provisions for distribution. A will executor and a guardian for any minor children can also be appointed in the document.
Holographic wills – In Texas, handwritten or holographic wills are valid even without witnesses. However, will attorneys don’t suggest this approach, as an ambiguous or hard-to-read document can lead to will contests.
Reciprocal wills – Also referred to as mirror wills, this option involves two legal documents that are separate, yet have parallel plans. Reciprocal wills are a common choice for married couples and life partners.
Pour-over wills – Used along with a revocable living trust, a pour-over will accounts for assets that haven’t been included. Upon the testator’s death, assets that aren’t yet in the trust are immediately transferred over.
Living wills – Texas law allows for living wills, which have nothing to do with asset distribution. Known as advance directives, this type of document dictates the plan of action in the event the testator becomes incapacitated.
Texas Will Executor Requirements
The executor or administrator of a will is the person responsible for carrying out the instructions laid out in the document. Dallas will attorneys see many testators who place spouses or adult children in the role, but others can serve in this capacity. Under Texas law, an executor may be any individual who is:
· 18 years of age or older
· Mentally competent
· Not in conflict of interest
· Not a convicted felon
Also, while someone may be named as the executor of a will, that individual has no power to act unless they’ve been accepted by the Texas courts. As every experienced will attorney knows, the courts do sometimes decide that a person is unsuited for the role. This doesn’t happen all that frequently, but it is a possibility.
Do You Need the Expertise of a Dallas Will Attorney?
In Texas, it’s legal to draft your own will – an attorney isn’t required. However, given the complexities of creating a valid last will and testament and the many types of documents that might go into a comprehensive estate plan, not consulting with an experienced Dallas will attorney would be taking a major risk.
With Schultz and Kellar, PLLC, you won’t have to wonder if your will is legal. Our professional team has many years of experience in estate planning, and we can protect your assets and the interests of your loved ones. For a free, no-obligation consultation with one of the best will attorneys serving northern Texas and the Dallas-Fort Worth metroplex area, contact us today.
