Most wills are admitted to probate without objection. Occasionally, though, a family member or other interested person believes a will does not reflect the true wishes of the person who signed it. A will contest is the legal process for raising that challenge. Ellen Williamson Law explains below how will contests work in Texas, the grounds for bringing one, and how a carefully prepared will can reduce the risk of a dispute.
What It Means to Contest a Will
To contest a will is to formally ask the probate court not to enforce it, or to set aside a will that has already been admitted. A contest is not the same as simply being unhappy with an inheritance. It is a legal claim that the will itself is invalid, or that a particular provision should not stand. Because a contest challenges a document the law generally presumes to be valid, the person bringing the challenge carries a real burden.
Who Can Contest a Will
Not just anyone may contest a will. Texas law generally limits will contests to “interested persons,” meaning people who have a genuine financial stake in the outcome. This typically includes heirs who would inherit if the will were invalid, beneficiaries named in the current or a prior will, and certain creditors. A person with no legal interest in the estate usually cannot bring a contest.
Grounds for Contesting a Will
A will contest must rest on a recognized legal ground, not simply disappointment. The most common grounds include the following.
Lack of testamentary capacity means the person did not have the mental ability the law requires when they signed the will, such as understanding the nature of the act, the property involved, and the people who would naturally inherit.
Undue influence means someone exerted pressure strong enough to override the person’s free will, so the will reflects the influencer’s wishes rather than the testator’s.
Fraud means the person was deceived into signing the will or into including certain provisions.
Improper execution means the will did not meet the legal formalities required for a valid Texas will, such as proper signing and witnessing. Our overview of Texas will requirements explains those formalities.
Forgery and revocation are additional grounds, where the will is not genuine or was already revoked.
No-Contest Clauses
Many wills include a no-contest clause, sometimes called an in terrorem clause. It is designed to discourage challenges by providing that a beneficiary who contests the will, and loses, may forfeit what the will leaves them.
These clauses can be a useful deterrent, but Texas law limits how strictly they are enforced. A no-contest clause generally is not enforced against a person who brought the challenge in good faith and with just cause. Because the effect of these clauses is nuanced, anyone considering a contest, or drafting a will with one, should seek legal guidance.
The Time Limit to Act
Texas sets a firm deadline. Under the Texas Estates Code, an interested person generally has two years after a will is admitted to probate to bring a contest, with limited exceptions for circumstances such as fraud. Anyone considering a challenge should act promptly, because waiting can forfeit the right entirely.
What the Litigation Process Looks Like
A will contest is litigation. It typically involves filing a contest with the probate court, exchanging information through discovery, gathering evidence such as medical records and witness testimony, and, if the matter is not resolved, a hearing or trial. Many contests are settled along the way through negotiation or mediation. The process can be emotionally and financially demanding, which is one more reason to weigh the strength of a claim carefully before proceeding.
How to Reduce the Risk of a Contest
For those creating a will, the best protection is a document prepared with care. Proper execution, a self-proving affidavit, clear language, and, when appropriate, a thoughtful conversation with family all reduce the chance of a future dispute. A will that is well drafted and properly signed is far harder to challenge. Our overview of what estate planning includes explains how the pieces fit together.
Get Help from a Texas Estate Planning Attorney
Ellen Williamson Law helps Texas families both by preparing wills built to withstand challenges and by guiding interested persons who have concerns about a will admitted to probate. Our firm works with clients through as a Dallas wills attorney, Dallas estate planning attorney, and Dallas probate attorney services, as well as a Farmers Branch wills attorney. We offer flat-fee billing for most planning matters, so the cost is clear before any work begins.
To discuss a will contest or build a will designed to hold up, contact Ellen Williamson Law to schedule a consultation.