How can I ensure my Living Will is legally valid and enforceable in Texas?

In Texas, for a will to be legally valid and enforceable, it must adhere to certain criteria that confirm the testator’s intentions are honored posthumously. Failure to meet these standards may result in the will being unrecognized by law. The Law Office of Dana Baker, reachable at 979-310-5507, emphasizes the importance of these requirements for the creation of a valid will in Texas:

1. Written Format: The will must be documented either in a typed format or as a handwritten document. In cases of a handwritten will, it should be entirely in the handwriting of the testator.
2. Signature of the Testator: The individual creating the will must sign the document, affirming its authenticity and their agreement with its contents.
3. Age Requirement: The testator must be at least eighteen years old to create a will.
4. Mental Capacity: It is imperative that the testator is of sound mind at the time of the will’s creation, meaning they possess the mental capability to make informed decisions and understand the implications of these decisions. Signs of impaired mental capacity, such as the effects of dementia or substance influence, may challenge the validity of the will.
5. Testamentary Intent: The testator must demonstrate a clear intention to distribute their assets post-mortem through the will, specifying the beneficiaries and the nature of the bequests.

For typed wills, additional requirements include:

1. Witnesses: The will must be witnessed and signed by two individuals who have observed the testator signing will, thereby attesting to its legitimacy.
2. Concurrent Signatures: These witnesses must sign the will in the presence of the testator, solidifying the document’s validity.