Will Contests

A Will contest is an opposition to a particular will taking legal effect. A will can be contested before the Judge has admitted it to probate or within a limited period of time after it has been admitted to probate.

Legal Grounds for Contesting a Will

There are multiple legal reasons that a Will should not be given legal effect.

The most common reason to contest a will is lack of testamentary capacity, or stated differently that the person who made the will lacked the mental ability necessary to make a will.

To have testamentary capacity a person must have sufficient mental ability to:

• Understand that he is making a will,
• The effect of his act in making a will
• Understand the general nature and extent of his property, 
• To know his next of kin and natural objects of his bounty and their claims on him, and
• Has sufficient memory to collect in his mind the elements of the business to be transacted and to be able to hold the elements long enough to perceive their obvious relation to each other and to form a reasonable judgment as to these elements.

Before a will is admitted to probate the burden of proof is on the person who is asking for the will to be admitted. After the will is admitted the burden is on the person seeking to have the will set aside to prove lack of testamentary capacity.

Legal Requirements for a Valid Will

For a will be to be valid it must meet certain requirements, which are:

• It is in writing
• Signed by the testator in person
• The testator was at least 18 years of age (some exceptions may apply concerning marriage or military service)
• It was witnessed by two or more credible persons who were at least 14  and signed their names in their own handwriting in the testator’s presence, and
• The testator signed the document with the intent to dispose of his property at his death.

If the Will is entirely in the handwriting of the testator (a holographic will) then the witnesses are not required.

Contesting a Will

A will can be contested for undue influence, which is:

1. An influence existed and was exerted, 
2. The influence undermined or overpowered the mind of the testator at the tie he signed the will, and
3. The testator would not have signed the will but for the influence.

There are other reasons to contest a will, including fraud, failure to file the will within 4 years of date of death, alteration and revocation.

Work With Experienced Texas Probate Attorneys

Contesting a will is a complex and emotionally charged process that requires deep legal knowledge and careful strategy. Whether you’re concerned about a loved one’s mental capacity, suspect undue influence, or believe there are other grounds to challenge a Will, the experienced probate attorneys at Hammerle Morris Law Firm are here to guide you. Schedule a consultation today to explore your legal options.