What Are Valid Reasons to Contest a Will in Texas?
What are some valid reasons to contest a will in Texas? After someone close to you passes away, you may have questions about their will and what it means for you, especially if the contents of the will were not what you expected. But while a will may be surprising, it doesn’t mean that you can challenge it simply because you disagree with it. You’ll need legally valid reasons to do so, and you’ll need to ensure that you have the evidence and arguments to back them up.
A will can be legally invalidated for a number of reasons, such as the presence of undue influence or the testator’s lack of mental capacity. If you believe a will may not reflect the deceased’s final wishes and you’re considering contesting the will, a skilled attorney can help you review the circumstances of your case, your case’s strengths and weaknesses, and your legal options. We’ll provide you with the knowledgeable, trustworthy counsel you need.
What Are the Most Common Valid Reasons for Contesting a Will?
Every situation involving a will is unique, but there are some common reasons that individuals will want to contest a will. In Texas, there may be many valid reasons to contest a will, including:
- Undue influence. In some cases, the person who wrote the will may have done so under the influence of someone else. This is particularly common in situations where the person writing a will is vulnerable. The elderly and those with certain medical or mental conditions may be bullied, scared, or pressured into drafting their will in a particular way. Showing undue influence can be challenging, but an experienced attorney can evaluate the evidence and talk with you about your options for pursuing an undue influence case.
- Capacity to draft a will. In Texas, someone creating a will needs to know what they’re doing and how it could affect those around them. They also need to be able to hold the business of making a will in mind long enough to make a reasonable judgment about it. It could be that the person writing a will couldn’t meet these requirements due to mental incapacity, health problems, drug use, or many other reasons. But regardless, when someone lacks the capacity to draft a will, you could contest it in court.
- A newer will exists. When people revise or rewrite their will, they may not take the steps they need to ensure that their new wishes are carried out. Copies of an earlier will could still exist and can lead to confusion among executors and those who stand to inherit. If you need to contest a will because a newer version exists, you may be able to do so.
- Legal requirements. For a will to be valid in Texas, it generally needs to be written by someone over 18, signed by them and witnessed by two people. If it isn’t, then there may be questions about its authenticity. In those cases, you may need to contest the will to establish whether it’s legitimate or not.
These are only some of the valid reasons for contesting a will in Texas. If you have questions about your situation and how a lawyer could help, reach out today.
Talk With Our Wills and Trusts Lawyers Today
When you need to contest a will, let the Dallas wills and trusts attorneys at Hargrave Law, PC, help. With years of experience representing clients, our attorneys know how to stand up for you and your rights. You’ll work directly with our attorneys, and you’ll never be left in the dark about what is happening with your case. We consistently provide transparent, high-quality legal counsel, and we’ll always be here to answer your questions.
To learn more about the solutions we can provide for you, call us at 817-282-0679 or get in touch online today.