Legal Question in Wills and Trusts in Texas

I am a Texan living in Ecuador. I am going to the US Consul to have my the execution of my will (with 2 witnesses) notarized. Is there a requirement that a witness on a will be as US citizen, or can they be Ecuadorian? I think anything is okay, as long as they are 14, but am not sure.


Asked on 12/03/11, 12:12 pm

1 Answer from Attorneys
Ken Gober (Austin TX) Lee, Gober & Reyna

This is certainly a unique questions.

You are correct about needing to witnesses and a notary (assuming you will is "self-proving"). In theory, since the will is self-proving the witnesses would never need to be called to court; but it is always possible that the witnesses would need to be called to testify. Just make sure that you identify the witnesses with enough specificity so that if a court will be able to find them if it needs to...20+ years from now.

Note: There are several procedures that must be followed in a will signing, You should consult with other counsel to ensure that no mistakes are made.

I am an Austin Divorce Lawyer, I do not regularly practice law in this area.

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Answered on 12/04/11, 7:18 am


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