Grounds for Contesting a Texas Will

When a loved one dies, it is reasonable to experience a great deal of grief. You may also be occupied making funeral arrangements and taking care of other administrative matters related to their passing. You may also be busy starting the process of dealing with the estate. One of the things you may do to sort out the estate if you find there are issues with your loved one’s will is contest the will, which can be done under certain circumstances. Even if you do not, another person might. Whether you or someone else initiates the process, it is important to ensure that you preserve your rights during a will contest. An experienced Fort Worth, TX contested estates attorney can represent you in probate litigation to contest a will.

What Is a Will Contest?

When someone with a will passes away, it is possible to challenge its legal validity by arguing that it does not reflect the true intentions of the person who made the will (the testator). Wills are usually contested by individuals who were altogether left out of a will or who feel they did not receive a proper share. However, they must have specific legal grounds to contest a will. 

The legal process of contesting a will is through probate litigation in probate court. If the will contest is successful, all or part of the will may be declared invalid.

What Are Valid Reasons for Contesting a Will in Texas?

Improper Execution

There are certain legal requirements that a will must follow to be properly executed. For example, it must be signed in front of two witnesses. If any of the necessary conditions are not met, someone can claim that the will was not properly executed. 

Lack of Testamentary Capacity

A testator must be of sound mind and have adequate mental capacity to make a will. It is possible to contest a will if you believe that the testator was not mentally sound when they executed the will–in other words, they lacked testamentary capacity. 

Duress or Fraud

A will should reflect the intentions of its maker. If the will was made under duress, then it may be invalidated. Likewise, if the testator was deceived into making a will with false information, that can also be grounds for invalidating the will. 

Undue Influence

It is also possible to contest a will on the grounds that the testator made the bequests in a will while being manipulated by someone who had undue influence on them and took advantage of the testator in a vulnerable situation. 

Call a Fort Worth, TX Estates and Trusts Attorney

At Gonzalez Law, PLLC we represent individuals in all matters related to estate planning and probate litigation. If you or another interested party is contesting a will, you will want to ensure that you have skilled Fort Worth, TX, contested estates representation at your side. If you believe the will is invalid or that your loved one’s instructions have not been followed, you can call the law firm at (817) 349-7330 for a complimentary consultation.