When a loved one passes away, the process of distributing their estate is often straightforward, especially if the will is clear and uncontested. However, in some cases, the validity of a will may come into question, sparking a will contest. Will contests can complicate the probate process, leading to delays, legal battles, and emotional turmoil among family members. In Texas, contesting a will is a serious legal procedure that should not be taken lightly.
What is a Will Contest?
A will contest is a legal challenge to the validity of a will, usually initiated by someone who feels they have been unfairly excluded from the will or are receiving a smaller portion of the estate than they believe they are entitled to. The goal of a will contest is to argue that the will does not reflect the true wishes of the deceased, or that it was created under improper or unlawful circumstances.
In Texas, will contests typically occur during the probate process, which is the legal process through which a deceased person’s will is validated and their estate is administered. Contesting a will can disrupt the probate process and delay the distribution of assets to beneficiaries.
Common Grounds for Contesting a Will in Texas
To contest a will in Texas, you must have valid legal grounds. These are often based on concerns that the will was created under inappropriate circumstances or that it does not meet the legal requirements for validity. Below are the most common grounds for challenging a will:
1. Improper Execution of the Will
In Texas, for a will to be legally valid, it must be signed by the testator (the person making the will) in front of two competent witnesses. If the will does not meet these formalities—such as the absence of witnesses or improper signing—it may be contested for improper execution.
2. Lack of Testamentary Capacity
To create a valid will, the testator must be of "sound mind." This means the testator must understand the nature of the document they are signing, the extent of their estate, and the identities of their family members. If the testator lacked mental capacity at the time the will was signed due to age, illness, or any other condition, the will may be invalidated.
3. Undue Influence
Undue influence occurs when the testator is coerced or manipulated by another individual into making decisions they would not have made otherwise. If a person exerts undue influence over the testator, convincing them to change the terms of the will for personal gain, it may be grounds for contesting the will.
4. Fraud or Duress
Fraud occurs when someone deceives the testator into making a will or altering its terms through misrepresentation or false pretenses. Duress refers to threats or intimidation used to force the testator to make or change their will. Both fraud and duress are grounds for challenging the will's validity.
5. Forgery
If the signatures on the will are forged or if the will was not truly created by the testator, it can be contested for forgery. Evidence of forgery, such as handwriting analysis or other proof, would be required to invalidate the will.
6. Revocation of the Will
If the testator revoked the will before their death—whether by physically destroying the document or creating a new will that supersedes the old one—the contested will may no longer be valid. In such cases, the contestant must present evidence that the will was revoked.
7. Multiple Wills
If there are multiple versions of a will, a court must determine which version is valid. A person may contest a will if they believe the version presented in probate is not the testator’s final, valid will.
8. Jurisdictional Issues
In some cases, a will may be contested on jurisdictional grounds. This happens if the will is probated in the wrong county or state, or if the testator’s estate was improperly filed in a jurisdiction where they did not reside or have property.
What Happens When a Will is Contested, Learn from an Experienced Probate Attorney?
The process of contesting a will in Texas can have significant legal and personal consequences, both for the contesting party and for the estate. Here’s a breakdown of what may happen during and after a will contest:
1. Legal Proceedings and Evidence
A will contest begins with the filing of a petition with the probate court. The person contesting the will (the "contestant") must present evidence to prove their claims—whether that the will was improperly executed, that the testator lacked capacity, or that undue influence or fraud was involved. Evidence may include medical records, witness testimony, or expert analysis, such as handwriting experts in cases of forgery.
The person contesting the will has the burden of proof, meaning they must demonstrate to the court that the will is invalid. If they succeed, the court will declare the contested will invalid and potentially allow an earlier version of the will to be probated, or distribute the estate according to Texas's laws of intestate succession (if no valid will exists).
2. What Happens if the Contest is Successful?
If a will contest is successful, the probate court may invalidate the contested will and order the estate to be distributed according to an earlier valid will, if one exists. If no prior valid will exists, the estate will be distributed according to intestate succession laws—which generally prioritize close relatives like a spouse, children, and parents.
Sometimes, only specific provisions of a will may be invalidated. For instance, if the court finds that only one part of the will was created under undue influence, it may allow the rest of the will to remain in effect.
3. What Happens if the Contest is Unsuccessful?
If the will contest fails, the will remains valid, and the probate process continues as originally planned. The estate will be distributed according to the terms outlined in the contested will, and the contesting party may be liable for court costs or attorney fees, depending on the circumstances. Additionally, some wills contain "no-contest" clauses, which may penalize anyone who challenges the will and loses by forfeiting their inheritance.
Failing to succeed in a will contest can also strain family relationships, especially in contentious cases where emotions run high. In some instances, the legal battle can create lasting rifts among heirs and beneficiaries.
How to Avoid Will Contests
While will contests are a reality of estate planning, there are ways to minimize the likelihood of disputes. Here are a few steps to help ensure your will is upheld:
Ensure Proper Execution: Follow all formalities under Texas law, including having two disinterested witnesses present when signing the will.
Clearly State Intentions: Be clear and specific about your wishes in the will, particularly if you are leaving assets to non-family members or disinheriting someone.
Document Capacity: If there is any concern about your mental capacity, consider having a doctor’s evaluation at the time of drafting the will.
Consult an Estate Planning Attorney: An experienced estate planning attorney can help you craft a will that minimizes ambiguity and ensures your wishes are clear, reducing the chance of a successful will contest.
A will contest can complicate the probate process, leading to delays, legal battles, and emotional turmoil. If you are concerned about contesting a will or believe a will may be contested, it’s important to seek experienced legal counsel. A skilled probate attorney can help you understand your options, whether you are contesting a will or defending one, and guide you through the complex legal procedures involved.
Contact our office (713) 568-9008 for a confidential consultation about your will or probate matter.
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Disclaimer:
The information provided in this article is for general informational purposes only and does not constitute legal advice. The contents are not intended to be a substitute for professional legal consultation. Readers are encouraged to consult with our qualified litigation attorney regarding specific legal issues or disputes. The Spencer Law Firm and the author of this article disclaim any liability for actions taken based on the information provided herein.Â
by Associate Attorney
Natalie Maciel
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