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Last Will and Testament

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witnessor

Junior Member
In The state of Texas does a will need to be witnessed by three persons and notarize, or just one or the other ?

Thanks
 


shakerbox

Junior Member
Two persons as witnesses that are not beneficiaries or spouses of beneficiaries. Vermont is the only state that requires three.

Not notarized.
 

BelizeBreeze

Senior Member
Basic statutory requirements must be met in order to create a valid will under Texas law. The Texas Probate Code recognizes three different types of wills: a deathbed or nuncupative will, a written or holographic will, and a typewritten or formally attested will. Because of the multiple drawbacks of the first two wills, formally attested wills are the most common. Below are the basic requirements necessary to create a formally attested will.

First, a person must have the capacity to create a will. Anyone who is of sound mind and is at least 18 years old, lawfully married, or a member of the U.S. Armed Forces has the right to distribute their property.

Second, the language of the will must reflect the maker’s intent. A will does not have to be very specific in regards to naming assets. In fact, it could simply state that all of the maker’s assets go to a specific person. If this is truly the maker’s intent, then even such a broad statement is good enough. The idea is to be as clear as possible so that the maker’s intent is evident. Otherwise, ambiguity could lead to interpretation problems.

Third, there must be a signing ceremony. The maker and two witnesses (each witness must be at least 14 years old) must sign their names at the end of the document. Although not essential, a notary’s presence is also recommended. The notary’s signature is usually embodied on a separate piece of paper containing a sworn affidavit, which states that this document is the last will and testament of the maker. The will is then said to be self-proving; and, therefore, witnesses will not be required to testify as to the document’s authenticity during probate.

Where the lines blue is in the probate of wills which do not exactly meet the statutory requirments.

The jury also found that Gene did not have testamentary intent at the time he executed the holographic will. Shirley had the burden of proof on this issue, and thus must show that the evidence established the testamentary intent as a matter or law or, alternatively, that the jury finding on the issue is against the great weight and preponderance of the evidence.

A valid will is a document executed with testamentary intent. The sufficiency of the intent does not depend on the maker's realization that he or she is making a will, or on the maker's designation of the instrument as a will, but on his or her intention to create a revocable disposition of the property to take effect after the maker's death. It is essential, however, that the maker shall have intended to express his or her testamentary wishes in the particular instrument offered for probate. Hinson v. Hinson, 154 Tex. 561, 280 S.W.2d 731, 735 (1955); Trim v. Daniels, 862 S.W.2d 8, 10 (Tex. App.—Houston [1st Dist.] 1992, writ denied).

Even if a will is doubtful, evidence of the circumstances surrounding the execution of the will is admissible for the purpose of enabling the court to read the will in light of the circumstances and discover the meaning attached by the testator to the words used by him or her. Such evidence is admissible only for the purpose of explaining the meaning of the language, for the intent of a testator must be ascertained from the meaning of the words used by him or her in the will and from those words alone. Kennard v. Kennard, 84 S.W.2d 315, 320 (Tex. Civ. App.—Waco 1935).
 
Although only 2 witnesses are required, I, as an attorney, would suggest having 1 or 2 addition ones. Also make sure that you ask about your attorney about self-proving affidavit.
 

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