Testamentary intent required for a valid will
The testator must execute a will with testamentary intent. Testamentary intent is the testator's intention to create a revocable disposition of property effective at death. Texas courts don't require a testator to use any magic words. Nor does the testator even need to realize he is making a will. However, it must be evident from the will that the testator is intending to direct the disposition of his property upon his death. It must be evident that the document was intended by the testator to be the very document disposing of his property. A document that merely instructs an attorney to make changes to a will in the future does not show testamentary intent. Nor does a document promising someone a gift in the future, particularly if it contemplates the gift in the testator's lifetime. While there are no magic words of testamentary intent, the testator's use of phrases such as "last will and testament" or "my will and desire" is powerful evidence of testamentary intent in Texas.