If a Will is going to be probated in Texas, it’s required to be in writing. It’s also required to comply with certain statutory requirements. If it fails to satisfy those requirements, a court could refuse to admit the Will to probate or only admit portions of the Will. That’s why an experienced attorney from Springer & Lyle is critical for drafting your Will. You want it to meet all legal requirements of Texas probate law so that it’s a valid testamentary instrument, and you also want your final intentions to be clearly expressed.
A person making and executing a Will is required to have testamentary capacity. That describes an individual’s legal and mental ability to make a Will. They must be of sound mind and have testamentary intent. They’re required to be cognizant of the fact that they’re making a last will and testament at the time it’s executed, and they must understand the consequences of the disposition of their property upon their death pursuant to that Will. When a Will is contested in court, those are the two elements most commonly litigated.
The attorneys at Springer & Lyle are knowledgeable and highly experienced in the law of Wills and revocable living trusts in Texas. Don’t try to make and execute a Will or trust on your own. Don’t use a kit that you can buy over the internet either. Without the benefit of an attorney, the chance of an error in the making or execution of a will or trust increases significantly. You also do not want to revise or make revisions to your Will or trust unless it is drafted by an attorney. Springer & Lyle is available to draft estate planning documents that suit the needs of both you, your family and applicable Texas law. Get it done the right way.