Grounds for Contesting a Will in Texas

Frequently, one or more family members of someone who has recently died are upset by the bequests listed in the decedent’s will. This disappointment is understandable, particularly if the terms of the will came as a surprise. However, a mere allegation of unfairness is not sufficient to justify a will contest under Texas law. 

Heirs and interested parties can challenge a last will and testament for several reasons, but the decision to do so should only be made after careful thought and consultation with a qualified probate litigation attorney. To halt enforcement of a will’s terms, a challenger must prove one of the following grounds by a preponderance of the evidence:

• Forgery, alteration or deception — A signature that does not seem to be accurate might signal a forgery. There could also be other language in the document that appears to have been added or changed by someone beside the purported testator. Another potential ground is that the person who signed the will was deceived about its contents.
• Undue influence — Elderly individuals and those suffering from serious physical ailments could be vulnerable to coercion from a dishonest person. If you suspect undue influence led the decedent to put something in their will that did not reflect their true intentions, it is important to take prompt action. Many of these cases involve friends and family members who try take advantage of the testator’s trust in them. Courts look for isolation of the testator, a confidential relationship with the influencer, sudden changes from prior estate plans or the influencer’s active participation in preparing the will.
• Failure to meet legal requirements — Texas wills must be written and signed by a legal adult testator, as well as two disinterested witnesses. A possible flaw could be that a witness is an interested party. Additional rules exist for handwritten documents. There is a four-year deadline from the date of the decedent’s passing to start the probate process unless the court finds special circumstances exist.
• Lack of testamentary capacity — To make a valid will, a person must understand the nature of what they are doing. If the testator suffered from dementia, severe illness or another impairment at the time of signing, medical records and witness testimony can support a capacity challenge.

Don’t hesitate to contact a lawyer if you have suspicions about a will, because strict deadlines apply to contest the validity of a testamentary document.  

Our experienced attorneys at Grob & Associates Law Firm PC represent clients in will contests and other forms of probate litigation from our North Texas offices in Rockwall and Wylie. To schedule a consultation, call us at 972-777-5701 or contact us online.