Legal Guidance: How To Contest A Will In Texas

A will outlines how someone wants their assets to be distributed after their death. In most cases, surviving family members are more or less already familiar with the contents of a will and agree with the decisions made by their loved ones. When their loved one passes, they follow the terms of the will as planned.

However, in some cases, a will might not be what you or other surviving family members expected. If a loved one recently passed and you have concerns about the validity of their will, you may have the right to contest it. Our experienced lawyers at Doehring & Doehring Attorneys at Law know how stressful and confusing this situation might be and are here to help you challenge a will and honor the true wishes of your loved one.

Contesting A Will Isn’t Easy

In Texas, a will is valid if it meets the following criteria:

• The testator (the person making the will) is at least 18 years old.
• The testator is of sound mind, meaning that they understand all the elements associated with creating a will, including the extent of their assets and the fact that a will is created to help dispose of those assets.
• The testator intends to create a will that outlines how they want their property distributed upon their death.
• The will is in writing.
• There are at least two credible witnesses to the signing of the will who are at least 14 years of age.

After someone dies, a will is thoroughly reviewed in court to ensure it is valid before the contents of the will are administered through probate. Contesting a will is not common, as most wills are found to be valid and pass through to the next step in the probate process without issue.

However, will contests do happen and it’s important to know what it entails. Contesting a will is to legally challenge its validity after the testator has passed away. A will contest generally argues that the will does not accurately reflect the decedent’s true wishes regarding how their assets are meant to be distributed. It may also argue that the will was written under duress or other improper circumstances.

In order to successfully challenge a will, you will need to provide sufficient evidence to support your claim that the will is invalid.

Common Reasons To Challenge A Will In Texas

If you believe a loved one’s will is incorrect, you may be able to contest it if you can provide one of the following grounds for contesting:

• Lack of testamentary capacity – “Testamentary capacity” is the legal term that refers to an individual being of sound mind when creating a will. This means that they are fully aware and understanding of what creating a will entails. You may have grounds for contesting a will if there is evidence to suggest the decedent lacked this awareness when creating and signing their will.
• Undue influence – When someone influences or manipulates the testator into creating a will that benefits that person over others, it’s considered undue influence. This type of manipulation can deem a will invalid. You may be able to prove this by providing evidence of a prior will that is more in line with the decedent’s wishes.
• Due execution – This refers to the process that takes place when the testator signs the will document. There are a number of steps that must be taken when creating a valid will under Texas law and if these steps are not followed appropriately, it can lead to the invalidity of a will. If the will is missing a signature or there weren’t two witnesses present during the signing, you may have grounds to contest a will based on due execution.

Contesting a will is a complex and difficult process that requires careful attention to detail and thorough investigation. You need to provide evidence that backs up your claims. You cannot contest a will based merely on personal feelings or due to exclusion from a will.

Wills can be contested by anyone who has a legal standing in the estate, which includes any beneficiaries and heirs who are named in the will or would likely inherit if there was no will. This commonly includes spouses, children, grandchildren and other relatives.

Doehring & Doehring Attorneys at Law Can Help

If you’re concerned about the validity of a loved one’s will, you may need a skilled probate litigation attorney on your side. Our lawyers are familiar with Texas probate law, especially regarding wills, and know how to prepare a strong case to challenge the validity of a will.

Call us today to schedule a consultation at 866-456-2361 or email us online to get started.