Requirements of a valid will in the American law based on the example of the Texas law

Abstract

The aim of this article is to present the basic legal issues regarding requirements of a valid will, that are in force under the American law, and in particular in Succession Law of the Texas State. The substance consideration will be preceded by clarifying the key principles referring to the issue of judgment of the will validity. Also the detailed elaboration on four primary requirements: legal capacity, testamentary capacity, testamentary intent and so-called formalities (requirement of a complex nature) was made. Moreover there were mentioned additional requirements, which are indispensable for a will’s validity, for instance undue inPuence. Except for the legal regulations, some regards were made on current scholarship acquis as well as on case law, which is substantial when referring issues concerning common law legal system. The above-mentioned regards might be concluded, that the catalogue of the legal requirements of a valid will in the Texas Succession Law has a number of points of convergence with legal requirements in the Reld of the Polish Law. Furthermore it might be even indicated, that in this scope may be noticed more similarities than distinctions.