For a will to be valid in Texas, the testator (the person making the will) must have legal capacity, testamentary capacity, and testamentary intent. You are considered to have legal capacity if you are over 18 years of age, have ever been lawfully married, or are a member of the armed forces of the United States. You have testamentary capacity if you have the mental ability to understand that you are making a will, understand the effect of a will, are writing the will for family, or know that you are disposing your assets. You have testamentary intent if at the time you sign the will, you intend to make a writing that dictates how your property will be handled after death.