A will is often the cornerstone of a Texas estate plan. People can use their wills to appoint an individual to serve as their personal representative, designate beneficiaries to receive certain assets from their estates and name a guardian to care for their children.
Therefore, wills are often subject to intense scrutiny, especially when people disagree about some of their contents. In some cases, people who expect to inherit from an estate can successfully challenge the will an individual drafted before they died.
Will contests may focus on an individual’s mental capacity or the influence of outside parties. They may also arise in cases where there are questions about compliance with the law. One of the claims people may make about a will is that it lacks the proper signatures for legal validity.
Who needs to sign a will for the courts to uphold it in Texas?
The testator must sign
The person is drafting a will have to sign the document. This is true both in cases involving wills handwritten by the testator and printed documents drafted by an attorney. Usually, the testator needs to physically sign the paperwork themselves. However, in cases where medical issues or physical limitations prevent someone from signing the document, they may be able to arrange for an agent to sign the document on their behalf.
Witness signatures are also necessary
There is a strong incentive for people to take advantage of those with declining cognitive capabilities or to engage in fraud when an individual has valuable property in their name. Therefore, Texas statutes require the presence of witnesses to affirm the validity of an estate plan. The testator must either sign the document in front of two witnesses who are at least 14 years old or clearly attest to previously signing the document to the witnesses who then sign the will. Notarization is not necessary for the will to be valid, but witness signatures are a crucial element of any testamentary instrument in Texas.
Partnering with the right professionals during the estate planning process can help people avoid mistakes and oversight that could later lead to the invalidation of their documents. A valid will with the right signatures can protect an individual’s legacy and their dependent family members.