A will is a set of written instructions drafted under legal formalities that express how an individual’s personal property will be disposed of when he or she dies. The term “Last will and Testament” is the legal term often used for a will. This is an old term, which means, “I dispose of my personal property and estate assets.”
People often ask if it is okay for them to prepare their own will without the assistance of an attorney. Anyone can prepare their own will as long as they know the correct language to use, follow certain legal formalities required under the law and execute the will in a fashion required by the Texas Probate Code. Some individuals may be able to handle this without any problems, but many others would be better served having an attorney prepare the document.
Wills are a unique creation of society. The law surrounding wills is full of technicalities and very formal procedures. In many instances, a homemade will excludes certain formalities, signatures, etc. that are required by law, causing the will to be invalid. In other cases, there is a valid will, but it fails to distribute the estate as the testator intended.
A knowledgeable attorney can draft a will that will follow all legal formalities and will ensure that the estate is distributed the way the testator intends.