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Bryan Wills and Trust Lawyers Explain Who Can Make a Will in Texas

Posted by Chris Peterson | Jun 12, 2012 | 0 Comments

Bryan Wills and Trust Lawyers Explain Who Can Make a Will in Texas

Not everyone can make a will. For a will to be valid, the testator (person making the will) must meet certain requirements. At the time the will is executed the testator must be:

•· At least 18 years old or

•· Married (or formerly married) or

•· In the armed forces.

In addition, the testator must have both testamentary intent and testamentary capacity.

Testamentary intent means that the testator must intend for the document he or she executes to be a will and to dispose of his or her property on death. The testator's testamentary intent must be evident from the wording of the will. To satisfy this requirement, your Bryan wills and trust lawyer will include a statement like the following in your will: “I, [your name], of [city], [county] County, Texas, declare that this is my last will.”

Testamentary capacity means sufficient mental ability to make a will. Testamentary capacity has five requirements. First, the testator must understand that he or she is making a will. Second, the testator must understand the effect of the will. Third, the testator must understand what property he or she has. Fourth, the testator must understand “the natural objects of his or her bounty” (his or her family and others who would normally be beneficiaries). Fifth, the testator must have enough memory to consider the will and all property and to form a reasonable judgment regarding how to distribute the property following death.

A testator may have testamentary capacity even if he or she is very old, physically disabled, or ill.

If you would like assistance with the preparation of your will or other estate planning documents, contact the Bryan-College Station Texas wills and trusts lawyers at the Peterson Law Group. Phone 979-703-7014 to schedule your initial consultation.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.


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