- In writing;
- Signed by the testator or another person at his or her discretion and in his or her presence;
- Attested (verified) by at least two credible witnesses over the age of 14; and
- Signed by the witnesses in the presence of the testator.
- The testator must have legal capacity to create a will in Texas. This means that the testator must be 18 years old or older, married or previously married, or currently serving in the armed forces;
- The testator must also have testamentary capacity which means he or she must be of sound mind at the time of executing the will;
- The testator must show testamentary intent which means that at the time the will was created the testator intended to bequeath or pass down property upon his or her death; and
- The testator must not have been forced or deceived by someone else into creating the will.
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*Mark L. Scroggins is *board-certified in family law by the Texas Board of Legal Specialization. Unless otherwise noted, other attorneys are not *board-certified.
**Super Lawyers (a Thomson Reuters service, awarded to Mark Scroggins 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021)
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