Can I Draft or Change My Will?

There are certain legal protections put in place to guard a testament after it is drafted or to protect problematic wills from being created. Although these are particularly scant, the law nevertheless can interfere with the process of modifying a testament if the testator, or the creator of the will, is not of sound mind. Known as testamentary capacity, this legal concept is meant to safeguard wills from unnecessary or unmindful changes.

To learn more about creating or modifying a will, contact the Houston wills and trusts attorneys of Garg & Associates, P.C., today at 281-210-0010.

Am I Capable?

In order to either make or modify a will, a testator may have to prove that he or she is of sound mental capacity. The following points are, generally speaking, considered the foundations of establishing testamentary capacity. In order to be allowed to modify a will, a testator needs to have a solid mental grasp over the following:

  • How much property they have
  • How much that property is worth
  • Who the relatives or beneficiaries are that will receive the property in question
  • An overarching plan for how property is being distributed

Testamentary capacity is meant to measure a person’s ability to conceptualize what is being given away in a will, who is receiving that inheritance, how they will receive that property, and whether or not that estate plan is reasonable.

Contact Us

Creating or modifying a will can be extremely complicated. For the legal assistance you need, contact the Houston wills and trusts lawyers of Garg & Associates, P.C., by calling 281-210-0010 today.

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Garg & Associates, PC | 21 Waterway Avenue, Suite 300 | The Woodlands, Texas 77380 Please call 281-362-2865 | Fax: 866-743-4506
Serving The Woodlands, Spring, Houston, Conroe, Kingwood, Tomball, Cypress, Huntsville, Cleveland, Stafford, Montgomery County, Harris County, West Oaks, Memorial, Sugar
Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.