The last will and testament is an invaluable part of any estate plan, but only if it is drafted in a way that will hold up in court. One seemingly minor mistake could result in a will being thrown out by the probate court. This costly error can mean the difference between having your final wishes respected and leaving it up to the court to decide.
A key part of the estate planning process is understanding the requirements of a valid will in San Antonio. Attorney Sasha Begum could assist you with developing the right plan, including drafting a will that is valid under Texas law. Let our seasoned wills lawyers advise you of your options.
There are different considerations when it comes to the requirements for a viable will in San Antonio.
Some individuals legally lack the mental capacity to create a will. This includes everyone under the age of 18, as they are not considered to be adults under the law.
Adults will also not qualify if their mental capacity does not allow for the crucial decision-making that goes into a last will and testament. If the court determines a person made the will at a time in their life when they were unable to understand the repercussions of their actions, the law prevents them from creating a valid will.
There are formal requirements related to how a will is physically created. It must be put in writing and signed by the person who created it. This individual, known as the testator, must also arrange for two witnesses to witness the singing. These individuals should be someone without any conflicts of interest. The witnesses are also required to sign.
Finally, a competent adult must be free from undue influence or duress when drafting a will for it to be valid under the law. This is to ensure that a person only creates an estate plan that reflects their final wishes and is not based on falsehoods or fraud.
Undue influence generally means fraud was used to ensure you executed a will, while duress involves any kind of threat of harm. A judge has the power to invalidate a document if it was obtained fraudulently.
Understanding what goes into a valid San Antonio will is only part of the process. After you have executed your will, it is important that you take steps to ensure it is used when the time comes. There are situations where a will is never found, which can lead to the court using an outdated version or distributing assets without any input from you at all.
It is a good idea to store the executed will in a safe place. While keeping the original is vital, creating duplicates is also wise. You can share these copies with a trusted person and inform them of the location of the original will. It is especially important to inform the executor of your estate where the will is.
The requirements of a valid will in San Antonio might sound simple, but mistakes are made during the execution of these documents regularly. The end result can lead to avoidable tax burdens, family infighting, and lengthy delays. Contact the team at Begum Peláez-Prada, PLLC, as soon as possible for a private consultation.
