The Law (Estates Code 251.001) – a person of sound mind has the right and power to make a will if…
Did the person signing the Will have what is called “testamentary capacity”?
At the time the Will was signed the person must be of sound mind enough to:
- Know they were making a Will and how it disposes of their property upon death.
- Have an idea of what property they have and its approximate value.
- Know who their heirs are and how the Will plans to distribute their estate to them.
- Must be able to connect these dots and know what’s happening.
This is by no means meant to be a checklist or a complete list but hopefully you get the point.
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PS. Helpful tip – If the mental capacity of the person signing the Will is in question at all – have a physician evaluate them before the Will signing. Have them write a letter as to capacity.