Definitions, Estate Planning, Probate, Will Contests, Wills

Are You Sure You Signed Your Will Correctly?

So, you get your will, and you’re ready to sign.

But how do you sign the will correctly?

In Texas, you need two witnesses to witness the will.

Otherwise, you’ve got an invalid will.

Great, so just two witnesses… right?

Well, not exactly.

The two witnesses need to be older than 14 years old, testify to your capacity when you sign the will, and they cannot be “interested” witnesses.

This means that the witness cannot be a beneficiary under the will. And, for good measure, you should ensure that the beneficiary’s spouse is also not a witness.

What else?

You’re strongly encouraged to get a notary as well.

More specifically, there should be a last page of the will that is called the “self-proving affidavit.”

This document states that the witnesses fulfill the requirements outlined above, and they are the people actually signing the document.

Once it’s notarized, you will have a will that is valid and ready to go!

But what happens if you don’t have a notary?

The judge reviewing your will is going to ask one (or both) of the witnesses to physically come to court and testify as to the veracity of the will.

In other words, more paperwork, more problems to deal with, and more headaches for everyone involved.

My suggestion? Make sure an attorney is supervising your will signing.