People create wills for one primary reason: to make their wishes known regarding what they’d want to happen to their assets when they die. And if you get it right, a will can help you achieve this, safeguard your legacy and leave something behind for the people you care about.
However, estate disputes are not uncommon and a will can set the stage for a costly legal battle. Besides prolonging the probate process, a dispute over your will can also cause irreparable damage to family relations. And you absolutely do not wish for this to happen. So how do you minimise the possibility of someone challenging your will?
Here are two simple steps you can take to shield your will from disputes:
Make sure your will is valid
For your Texas will to be valid and, thereby, enforceable, it has to satisfy the following requirements:
- It must be written (typed or holographic)
- You must be at least 18 at the time of signing the document
- The will must be witnessed by at least two non-interested parties
- You must have the testamentary capacity to create the will
A will that does not satisfy these requirements may be successfully challenged.
Get your doctor to attest to your testamentary capacity
Some people sign their wills towards the end of their lives. If you sign your will while suffering from a degenerative condition like Alzheimer’s disease or dementia, someone will likely question whether you had the mental capacity to comprehend what you are getting into.
To eliminate the possibility of someone challenging your will on grounds of lack of testamentary capacity, you may consider getting your doctor to provide a medical report about your mental ability to sign a will. This is especially important if you have been diagnosed with a condition that is likely to impact your mental capacity.
Safeguarding your legacy
Your will speaks for you when you are gone; and this makes it one of the most crucial legal documents you can ever sign. Learning more about Texas wills laws can help you safeguard your interests and ensure that your will stands the test of probate.