When someone passes away and leaves a will, you might be shocked or unhappy when you believe the terms of the will are wrong. Perhaps you were left out of the will or did not receive something you believe you should have.
Will disputes are not uncommon in Texas. Fighting over a will can cause many families’ conflict and heartache.
However, before you pursue a will contest, it is important to know your chances of success. Wills can generally be contested only for certain reasons.
Lack of testamentary capacity and undue influence
A person must be legally capable of creating a will. This is called testamentary capacity. A will can be challenged on the basis that the person lacked testamentary capacity. This means they did not understand that they were signing a will or what property they were willing away and to whom.
Undue influence is another common reason for contesting a will. Undue influence means someone has inappropriately coerced or influenced the person making the will, causing them to include terms they normally would not have.
Proving undue influence is challenging. Part of the reason is the person who made the will is no longer alive to answer questions or testify about what the terms they intended to include in the will.
Mistake during will execution
Other reasons for contesting a will include a missing legal requirement. This can occur during the execution of a will, which is when a person signs the document.
Like most states, Texas has specific rules and requirements that must be followed for a will to be valid. Proof that one of these steps was missed could be a basis for a will contest.
If you believe you have one of these grounds to contest the will, you should file your lawsuit promptly. Texas law states that you only have two years to contest a will. The clock starts running after the will is admitted to probate.