Every perishable item has an expiration date. Likewise, the human body cannot go against the forces of nature; death is inevitable. However, what makes a human different is the legacy he or she decides to leave behind for generations to come. Therefore, wills are so important.
A will is simply a legal document that states the way an individual wants his property to be shared after his demise. Your will can identify the beneficiaries, nominate a legal guardian for your children if they are minors, and nominate an executor for your estate. That is why it is so important to ask your lawyer to prepare a will containing all your assets and how to distribute those assets to your family after you are gone. If you decide not to do this, then your property will be shared according to the Texas Estates Intestacy Code.
There are two types of written wills that are recognized: Holographic wills and Attested wills.
A holographic will is one completely written by the testator (the individual themselves) and with his signature appended at the end. This type will not require the signature of witnesses or a notary. The testator’s signature is enough to validate it.
An attested will is one that is not completely written in the handwriting of the testator. An attested will is mostly drafted and typed by a lawyer. To validate this will, the testator’s signature or that of another person directed by him must be appended to the document. The will must also have the signatures of two credible witnesses who are above the age of 14.
Also, it must be established that the testator has the intent to make such a will. This means that the testator must intend that, at the time of writing such a document, it will constitute his will that dictates how his property should be shared after his death. The testator must be of sound mind and capable of making a will. He must know the nature of the act (the act of making a will and its effects), the nature and extent of his assets, the people who are the natural objects of his assets, and the fact that he’s disposing of such assets.
Finally, the will must also be executed, free of fraud, duress, and undue influence or mistake. The testator must not be deceived as to the character or the contents of the will he’s signing.For more information about wills, or to have us create one for you, text with Leslie today.