• James D. Lynch

What are the requirements for a valid will?

State laws differ, but in general the requirements are:

● Age: The person making the will (known as the “testator”) must be 18 years old or older.

● Capacity: The testator must be of sound mind.

● Intent: The testator must have “testamentary intent” (i.e. the intent to make a disposition upon his/her death, NOT a present disposition or a future lifetime disposition).

● Writing: The will must be in writing.

● Signature: The testator must sign the will.

● Witnesses: If the will is not a holograph, the will must be signed by at least two witnesses. The witnesses must be “disinterested” (i.e. the witnesses cannot also be beneficiaries under the will). The testator must sign the will in the presence of the witnesses.

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Law Office of James D. Lynch, PLLC

3000 Joe Dimaggio Blvd #90, Round Rock, TX 78665


(512) 745-6347

(714) 745-3875

©2020 by Law Office of James D. Lynch, PLLC. The information contained in this website is for informational purposes and is not to be considered legal advice.  Any correspondence between you and the Law Office of James D. Lynch is not intended to create an attorney-client relationship.  Please do not send confidential information to us until after an attorney-client relationship has been established by an engagement letter signed by the proposed client and our attorney.