Will Contests
A will contest in Texas is a legal proceeding challenging the validity of a will. Typical grounds for a will contest may include lack of testamentary capacity, undue influence, improper execution, or fraud. These disputes must generally be filed within two years of the will's admission to probate, although there may be advantages to filing it much sooner, making it essential to consult an experienced probate attorney as soon as concerns arise.
We represent clients across Texas in will contest matters and are skilled at navigating the complexities of defending or challenging a will. Our dedication to achieving successful outcomes is reflected in our track record, including many favorable settlements and multiple unanimous jury verdicts.
Common Issues might include:
1
Lack of Testamentary Capacity
A will contest based on lack of testamentary capacity challenges the validity of a will by arguing that the testator did not possess the requisite mental competence at the time of execution. This means the person executing the will did not understand they were making a will, know the nature and extent of their property, or recognize the natural beneficiaries of their estate. Successful challenges to a will for lack of testamentary capacity often rely on medical records, witness testimony, and expert evaluations to demonstrate whether the testator had sufficient capacity at the critical moment the will was signed.
2
Undue Influence
A will contest based on undue influence in Texas challenges the validity of a will by arguing that the testator's true intentions were subverted by another person who exerted improper pressure or control over them at the time the will was executed. Texas law recognizes that undue influence often occurs behind closed doors; these cases typically rely on circumstantial evidence—such as the testator's physical or mental vulnerability or the influencer's opportunity and involvement in drafting the will.
3
Fraud
A will contest based on fraud challenges a will's validity by arguing that the testator was deceived into signing a document that did not reflect their true intentions. These cases often hinge on proving that the testator was tricked into creating or altering a will in a way they otherwise would not have.
4
Improper Execution
A will contest based on improper execution in Texas challenges a will's validity by arguing that the document fails to meet the formal legal requirements set out in the Texas Estates Code, such as being signed by the testator, properly witnessed by two credible witnesses over the age of fourteen, or, in the case of a holographic will, wholly in the testator's own handwriting. Because Texas law strictly construes these formalities, even seemingly minor defects can be enough to invalidate a will.
5
No Contest Clauses
No contest, or "in terrorem," clauses are provisions in a Texas will designed to discourage beneficiaries from challenging the document by threatening to disinherit, fully or partially, anyone who contests the will. While these clauses can sound intimidating, Texas law may preclude these provisions from being enforced in certain situations. For example, if the person challenging the will is found to have acted in good faith and with just cause in bringing the challenge, the no contest provision may not be enforceable.
6
Contingent Fees
We believe that limited funds should not limit your legal rights, which is why we will consider taking certain matters on a contingency or hybrid fee basis. A contingent fee arrangement is a payment structure where a lawyer's fees are only paid if the case is successful or if fees are awarded. A hybrid fee is a combination of hourly billing and a contingent fee arrangement.