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Last Wills & Testaments in Texas

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    Eligibility

    • Any person who is at least 18 years old and of sound mind can make a will in Texas, according to the Texas Probate Code Annotated section 57. However, the law also allows certain people under the age of 18 to make a will, as long as the person fits into one of three categories: the person is married, the person is a member of the military or the person is a member of the maritime service. Those under 18 who qualify must also be of sound mind and comply with all the laws governing will construction.

    Requirements

    • A Texas will must be in writing, must be signed by the person making it, and must be signed by at least two competent witnesses. The person making the will, generally called the testator if a man or the testatrix if a woman, does not need to physical write or sign the will. If, for example, the testator is physically incapable of writing, he can direct someone else to write the will, and even sign the will on his behalf. The witnesses must either witness the testator signing the will, or directing someone else to sign on his behalf, or witness the testator affirm that the document is his last will and testament and that it accurately reflects his desires, according to Texas Probate Code Annotated section 59.

    Revecation

    • Wills determine what happens to the testator's estate after death. Until the testator dies, however, he can change or revoke the will at his choice. A testator can revoke a will or part of a will by creating a new one, creating a new written amendment, called a codicil, to the current will that revokes or changes part of it, or by destroying or causing the will to be destroyed, according to Texas Probate Code Annotated section 63.

    Hollographic Wills

    • Texas also recognizes the validity of handwritten wills, known as holographic wills. These documents must be entirely written by the testator in his own handwriting. Such holographic wills do not need to be signed by any witnesses. Like other revocations and codicils, testators can use holographic wills to revoke or modify previously made wills.

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