Having a will contested can derail the probate process and create bitter family conflicts. If someone is challenging your deceased parent’s will, try to stay calm and take proactive steps to resolve the dispute strategically. A Texas attorney can help you figure out a plan.
Understand the Grounds for Contesting the Will
Do not ignore a will contest notice. Find out who exactly is contesting the will and what their specific grounds are alleging. Common reasons for challenging a will’s validity in Texas include:
- Lack of testamentary capacity - Claiming the testator lacked a sound mind and ability to make decisions when the will was signed due to dementia, Alzheimer’s disease, or other mental incapacity.
- Undue influence - Alleging someone coerced or manipulated the testator into making decisions against their wishes through threats, pressure tactics, isolation, or by taking advantage of a fragile mental state.
- Improper execution - Asserting the will was not properly signed and witnessed according to Texas law. Issues like missing signatures, undated wills, or no witnesses present can be alleged.
- Forgery - Claiming the testator’s signature was forged or otherwise inauthentic.
- Discovery of a newer will - Arguing that a more recent will or codicil exists that invalidates portions of the current contested will.
Clarifying precisely what grounds the will contest is based on will drive your defense strategy.
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