Lucid Intervals and Will Contests: Texas Courts Weigh In

 Posted on October 24, 2025 in Estate Planning and Administration

In the state of Texas, one of the most emotionally charged forms of probate litigation comes up when a will is challenged based on the grounds that the testator (the person who made the will) suffered from dementia. Texas law recognizes that even individuals with significant cognitive decline likely experience "lucid intervals," however brief. These are moments of clarity during which a person can validly execute a will.

It is important that families, caregivers, and estate planners all understand how Texas courts define and evaluate these moments. If you have any doubts about a will made by a loved one with dementia, or you are in the beginning stages of dementia, and want to create a will, you will benefit from speaking to a highly knowledgeable Hill County, TX estate planning lawyer. Your attorney can explain how Texas courts apply a fact-intensive standard to determine whether a testator knew what he or she was doing when the will was signed.

Why Lucid Intervals Matter in Texas Probate

Probate attorneys and elder law experts have seen an increase in dementia-related probate disputes across the state. This is due in part to the state’s growing aging population and the increased incidence of dementia diagnoses. Unfortunately, many people put off estate planning until their cognitive abilities begin to be impaired, leaving estate planning documents like wills vulnerable to later challenges. When an individual with dementia distributes assets unusually or unequally, family members may question whether he or she had the mental capacity to make these decisions.

A "lucid interval" is defined under Texas case law, like Lee v. Lee, 424 S.W. 2d 609. While the will in this case was overturned, several witnesses stated that the testator came to the office on his own to change his will, returned on his own to sign the will, and was of sound mind at the time. The testator’s children, who were left $10 each, challenged the will, and though they were successful, the courts agreed that the testator may well have had lucid intervals.

What Are the Legal Standards for Testamentary Capacity in Texas?

Under Texas Estates Code Section 251.001, the "sound mind" requirement is known as testamentary capacity. In essence, it means that the person must understand he or she is creating a will. The testator must:

• Understand the business of creating a will
• Understand the end effect of creating a will
• Understand what they own as far as assets
• Have a solid understanding of their beneficiaries, including children and grandchildren.
• Be able to form a reasonable judgment regarding the individual elements of the business they are transacting.

A will is generally presumed to be the product of a sound mind. The person contesting the will has the burden of proving it is invalid through a preponderance of evidence. This means it is more likely than not that the testator lacked capacity. Evidence needed to establish a lack of capacity might include medical records, expert testimony, and testimony from witnesses.

What is the Lucid Interval Doctrine?

Texas probate courts have recognized that a valid will can be made during a lucid interval, even after a dementia diagnosis. Progressive dementia can be distinguished from total incapacity by these lucid intervals. Most people with dementia or Alzheimer’s, particularly in the early stages, do have lucid intervals where they know exactly who they are and what they are doing. Timing is important, and the question becomes whether the testator had mental clarity at the moment the will or trust was executed. Yet some instances that might call mental clarity into question include:

• Disinheriting one child after cognitive decline
• Leaving significant assets to a caregiver
• Making changes to the will during hospitalization
• Executing a new will days before death by a testator with Alzheimer’s

Contact a Tarrant County, TX Probate Litigation Attorney

If a loved one’s will is being challenged due to alleged incapacity, do not assume that the case is either defensible or hopeless without first speaking to an experienced Hill County, TX estate planning lawyer from Cain & Kiel Law. Attorney Cain is a certified mediator, Cleburne’s Mayor since 2012, and the owner of Trinity Abstract & Title. Call 817-645-1717 to schedule your initial attorney meeting.