Imagine your loved ones fighting over your estate after you’re gone because someone claims you weren’t mentally fit when you created your will. While the thought may feel unsettling, it’s a reality many people face.
When creating a valid and legally enforceable will, you must have a clear understanding of the nature of your actions, the assets you own, your beneficiaries and what you’re leaving them. Otherwise, your wishes might not be upheld under Texas law.
Tips for demonstrating mental competency
Showing that you were mentally competent when crafting your will is essential to ensure it holds up in court. First, you may want to get a mental health evaluation before signing your will if you’re concerned that your mental capacity could be questioned. A doctor’s confirmation that you are of sound mind can serve as strong evidence in case of any such disputes.
It also helps to have reliable witnesses. The law in Texas requires your will to be signed in front of at least two witnesses who are not beneficiaries. As such, choose dependable individuals whose testimony can speak for your mental competency if necessary.
Ensuring consistency in your decisions is equally important. Sudden or drastic changes in your will can raise red flags and prompt others to question whether you were mentally fit when making them. If you intend to make substantial changes to a previous will, ensure they are well-documented and thoughtfully explained to reinforce the idea you were acting rationally and deliberately.
Do not leave any loopholes
Reaching out for professional guidance when creating your estate plan can help you avoid mistakes or loose ends that could jeopardize your legacy. This can go a long way in ensuring that your wishes are honored and your loved ones’ future is secure.