QUESTION
Is a will valid if the testator was grieving over a spouse when he or she wrote the will?
Asked on Sep 20th, 2011 on Wills and Probate - Texas
1 ANSWER
Tonya Coles
The testator's emotional state at the time he wrote the will is not a factor used to determine its validity, unless it affected his ability to understand his actions. Generally, to make a will a testator must be at least 18 years of age and of sound mind. The will also must be signed in accordance with state law. Even though your father was grieving at the time, if he was of sound mind when he signed the will it is probably valid. If you believe that your father was not of sound mind at the time, or if there are other factors surrounding this issue that you did not mention, I encourage you to contact a lawyer in your area. A lawyer can explain the law in your state, help you determine if the will is valid, and explain any available legal options.
Answered on Sep 20th, 2011 at 1:46 PM