Estate planning needs change over time. Those who turn 18 may need advance directives and powers of attorney in case of an emergency. They may not have assets or dependents to worry about when beginning the estate planning process.
Those with children or other dependent family members may need wills and trusts to provide for their loved ones. People with valuable assets may want to draft wills to determine who inherits which property from their estates. For most people, a will is either the only estate planning document they create or the foundation of a broader estate plan.
Establishing a valid will is a priority for many people thinking about what happens when they die and the protection of their loved ones. Adults in Texas may look at several options for establishing an estate plan, including the creation of electronic or digital documents.
Are e-wills valid testamentary instruments in Texas?
Texas requires physical documents
While a handful of states have adopted electronic will statutes, Texas has yet to do so. Simply put, state statutes currently require a physical copy of a will for it to be valid. Testators have the option of creating a handwritten or holographic will or a printed will.
Holographic wills can be the fastest and simplest solution, but they create a host of challenges. Testators may fail to include the right language, may not obtain witness signatures and may include illegal provisions that invalidate handwritten wills. Their documents are also vulnerable if family members contest them on the basis of not recognizing their handwriting.
Printed documents drafted with the assistance of an attorney are often the best option available. Lawyers can inform people of how to achieve their unique estate planning goals. They can create legally-compliant documents. They can also ensure that the testator signs and that there are the two necessary witnesses present to validate the document.
Electronic wills are currently not a viable option for those thinking about their legacy in Texas. Adults generally need physical documents that they have signed for a will to be valid. Learning more about estate planning statutes can help people protect their loved ones and control what happens with their resources after their passing.