Wills hold significant legal authority. It is therefore important to ensure that they are valid and legitimate documents. In some cases, people create holographic wills written in their own handwriting. Those using printed or typed documents generally need to have witnesses present to validate their identity and their mental state at the time of the document signing.
What requirements do Texas state statutes establish for the witnesses present for a will signing?
Most people can act as witnesses
The most authoritative witness for a document signing is arguably a notary. A notary has a state-issued stamp and specialized training that helps them validate the identity of those signing legal documents. Texas does not require a notary as one of the witnesses for a will signing.
Witnesses can be individuals who know the testator drafting the document or even employees working at the attorney’s office where they sign their wills. The state requires two witnesses to sign a will to validate the document.
Generally speaking, a witness to a will should:
- be at least 14 years of age
- be of sound mind
- be a disinterested part
Anyone who fulfills all three of those standards could sign as a witness. A disinterested party is someone who does not stand to inherit from the estate.
While a disinterested witness is not an absolute legal requirement, interested witnesses could be at risk of losing their inheritance rights in some cases. Other times, the courts might consider the use of an interested witness as part of a broader claim of undue influence during a will contest.
The signatures of two witnesses are an important part of any valid Texas will. Learning more about Texas laws regarding wills can help people draft valid testamentary instruments.
