What Are the Legal Grounds for Contesting a Will in Texas?

 Posted on October 31, 2024 in Probate Law

A will is a legal document that contains a person’s instructions for what should happen to his or her estate upon death. These instructions must be honored, and it is the job of an appointed executor to make sure they are carried out. Usually, a probate court oversees the execution of a will to ensure its terms are fulfilled.

In some cases, however, there is a question of whether the will or a portion of it is valid. When that happens, the beneficiaries may contest the will through litigation. If they are successful, part or all of the will may be declared invalid, and the court will take the appropriate next steps. This article will discuss the legal grounds for contesting a will in Texas and how to do so. If you have questions about a will or wish to contest one, speak with a Texas will contest litigation attorney.

What Are the Legal Grounds for Contesting a Will?

A beneficiary cannot contest a will simply because he or she feels it is unfair or wants more of the estate. There are specific legal grounds for contesting a will, and they include:

• Lack of capacity: Sometimes, people feel driven to create or amend a will after they have been diagnosed with a life-threatening disease like dementia. However, that could mean that the will or part of it was drafted while the testator did not have the full capacity to make such decisions. This is called a lack of testamentary capacity, which can be grounds to contest a will.
• Duress: A testator might be threatened or coerced into drafting certain terms in the will. For example, a family member might force the testator to leave him or her a larger inheritance. The will can be contested in such a case because the testator was under duress.
• Fraud: A will can be deemed invalid if it involves fraud. For example, if it was forged or the testator was somehow tricked into signing something he or she did not intend to, the will can be contested.
• Improper execution: Failure to follow certain legal steps when making a will can be grounds for contesting it. For example, if the testator failed to sign the document in front of two witnesses or they failed to sign it themselves, a court may invalidate the will.
• Later versions: If the testator made later versions of the will, the earlier versions are usually invalidated. This is called supersession, which can be grounds for contesting a will.

How Do I Contest a Will in Texas?

Contesting a will is done through litigation, which means filing a petition with the court. The court will schedule a hearing in which interested parties can present their arguments and evidence. Building a case and gathering evidence can be difficult tasks, so a qualified attorney should handle them.

Contact a San Antonio, TX Will Contest Litigation Attorney

Contesting a will through litigation requires legal skill and diligence. At [[titlie]], we are committed to building your case and advising you through each step of litigation. We are ready to use our extensive experience to achieve the best outcome possible. Call 210-861-6000 to speak with a San Antonio, TX probate litigation lawyer today.