As a part of the probate process, the court must make a determination regarding the validity of any documents that purport to divide the property of the deceased. Anyone with an interest in the estate can file a challenge, seeking to have the will thrown out. This is known as a will contest. This page provides an overview of how a will may be contested and some of the rules governing will contests.
To learn about other aspects of probate administration, see our pages on
- the probate process
- your rights and responsibilities as an executor
- why and how to avoid probate
- preserving assets during the estate administration process
The Texas will contest attorneys at Bailey & Galyen offer a free initial consultation to people with probate concerns. Contact our office or call us at one of the numbers listed below for an appointment.
Ways That a Will May Be Challenged
A will can be contested for a variety of reasons, including
- the mental capacity of the person making the will . If the party executing the will was not of sound mental state at the time the will was put in place, it can be rendered invalid. The person may lack capacity because of mental illness or the effects of drugs or alcohol.
- the will has been superseded . If there is a document of later date which purports to distribute property, a will may be invalid.
- duress, coercion or undue influence . If the person making the will was threatened or coerced into distributing property a certain way, a will may be voided.
- forgery . If any signature or terms of a will can be shown to be forged, the will is invalid
- failure to follow state requirements for execution . If the will was not created and executed in accordance with state laws, including the number of signatures or the requirement of notarization, it can be held invalid.
If a will is successfully contested, the court has options. It can hold that only certain parts of the will are void or that the will is void in its entirety. If void in its entirety, the court can rule that an earlier will remains valid or that the person died without a valid will.
Contact Us
To schedule a free initial consultation with a Texas will contest attorney, contact us or call us at one of the numbers listed below.