P.O. Box 600102
Dallas, Texas 75360-0102
(214) 498-5396
(214) 237-5904 (fax)
info@tjeremywatson.com
The Law Offices Of
T. Jeremy Watson
A will can be challenged if it was executed without all of the formalities and solemnaties required under Texas law.
Will Contest
Generally, to give a document the legal effect of a will it must be written and signed with the intention to make it a will. To be a valid will, it is essential that the maker intended to express his or her testamentary wishes in the particular document itself.
The formalities required to create a valid will in Texas under the Texas Probate Code are:
LACK OF FORMALITES:
The will must be
(1) in writing;
(2) signed by the testator; and
(3) attested to by at least two witnesses above the
age of fourteen who subscribed their names to
the will in the presence of the testator.*
(* If the will is written ENTIRELY in the testator's own
handwriting, then it may not need to be witnessed,)
See Tex. Prob. Code § 59(a).
If any of these elements are missing, a will may be invalid and is vulnerable to a will contest.
