No matter what decisions you decide to include in your living will, it is important to ensure that it is written clearly and correctly so that your wishes will be followed when the time comes. It’s an incredibly valuable document for both the patient and their loved ones. This is especially important in the case of younger people who lack financial or healthcare autonomy.Ī living will can cover a range of medical scenarios, from decisions about pain management and whether or not to be ventilated under certain circumstances to the donation of organs.

It also allows you to appoint someone to make medical decisions on your behalf. Living wills provide clear instructions about the type of medical treatments you would accept-or refuse-in the event of a crisis. It allows you the peace of mind that, should anything happen to you, your wishes will be respected. 27 min read A living will is an important legal documentĪ living will is an important legal document that gives instructions about the kind of medical care you would want to receive if you are unable to speak for yourself in the event of a terminal illness or coma.This article was originally published on July 17, 2013, and updated on August 8, 2023. Isn’t the extra cost worth your peace of mind? But the costs and consequences of an invalid Will can be significant. Yes, it costs more to consult an attorney. A lawyer would have explained the requirements of a valid Will, ensured that the Will was in the correct form, and made sure she signed the Will properly.

The situation above illustrates the benefits of having a lawyer legal advice. As a result, the Texas intestacy statutes will control, which means that her estranged grandchildren will inherit part of her estate. Unfortunately, because she did not know what she didn’t know, the Will is not valid. When she signed her Will in front of a notary, she likely thought she had covered her bases. Her mother’s primary objective in writing her Will was ensuring that the children of a deceased child, with whom she had no contact, did not inherit any portion of her estate. The absence of a self-proving affidavit will not invalidate the Will. This saves considerable time and expense. The benefit of a self-proving affidavit is that it substitutes for in-court testimony of witnesses about the validity of the Will. The testator and two witnesses sign the self-proving affidavit before the notary public, who also signs. If a testator signs a typewritten Will in front of a notary, but two credible witnesses over the age of 14 do not sign in in the testator’s presence, it will not be valid.Ī testator has the option of adding a self-proving affidavit to the Will. To be valid, the Texas Estates Code requires the person making the typewritten Will (the “testator”) must sign the Will in the presence of at least two credible witnesses over the age of 14. What Makes a Typewritten Will Valid in Texas? Why was the notary’s official signature not sufficient to make the Will valid? She contacted me for a second opinion on whether typewritten wills required witnesses in addition to notarization. As a result, it did not meet the requirements of a valid Will in Texas. Although her mother signed the Will in front of a notary, no witnesses had signed the Will. The lawyer reviewed the Will, and told her it was not valid. Her mother thought she had covered her bases.Īfter her mother died, she contacted a lawyer to assist with probate. It clearly identified all her mother’s property and directed the executor to distribute the property to her mother’s living children. The Will had the correct formatting and included all the appropriate sections.

Her mother had signed a typewritten Will six months before she died. Unfortunately, her mother didn’t know that. To be valid, a typewritten Will must be signed in the presence of two witnesses, even if they it notarized.

Does a will need to be notarized