Be Careful When Creating These Two Types of Wills

When preparing a will, it may seem like you simply write down how you want to split your assets when you die, and you are done. Wills, though, are not quite that simple. There are many different types of wills, and it is important to make sure your will is created correctly, or your wishes may not be carried out when you die. Here are examples of will, which, if created incorrectly, may not be handled the way you wish.

Simple Will

This will option is great for those who do not have a lot of property or assets to distribute. It includes information about who will handle the person’s assets upon the person’s death as well as how assets are to be distributed. If applicable, it also tells who will care for any minor children and the children’s trust. The will must be signed and dated in the presence of at least two witnesses who are both over 14 years old. While there are online forms for simple wills, they may not comply with Texas law and may not be valid. Therefore, it is important to consult a reputable attorney to ensure your simple will is filled out correctly.

Holographic or Handwritten Will

While a holographic or handwritten will is legal in Texas, there are specific requirements. In general, it must be written entirely by the testator, the person whose will it is, and it must be signed and dated. When written entirely in the testator’s handwriting, the will does not need to be witnessed by anyone else. If there are two witnesses present when the testator creates the will, it is not required that the will is fully in the testator’s handwriting, but it must be signed by the testator as well as both witnesses. All three must sign the will in the presence of the other two. Because of issues associated with a handwritten will, including verifying the handwriting and interpreting vague wording, it is generally best to allow a qualified attorney to help you draft your will.

Of course, there are many more complex times of wills, including wills that divide large estates and living wills, which deal with your desires if you are placed on life-support. If you need help creating a will, contact us.