Wills are typically drafted and amended with the guidance of an experienced attorney. However, errors can occur even under professional supervision. When this happens, a will may no longer be valid and can be contested. Here are the three most common reasons to challenge a will in Texas. Lack Of Testamentary Capacity Testamentary capacity refers to the mental capability of the person who drafted or amended the will. If this person was fully aware and could make rational decisions when they created or revised their will, then the will is valid. However, if they lacked this testamentary capacity, then the will may be invalid. Undue Influence Another challenge to the validity of a will comes from a manipulative influence. If the testator was unduly influenced by an outside force, then the will likely does not reflect their true wishes. In this case, the will may be invalid because of the…Read More
Most wills go through probate without any problems. They carry out very specific tasks related to your estate. But every once in a while, issues can halt the proceedings. If the decedent was not legally of age or of sound mind when drafting their will, there may be cause to contest the document. Probate courts in Texas will allow beneficiaries to contest a will that fails to meet certain requirements. However, contesting a will is not simple. The procedure can present some unique challenges in court. That means any legal challenge to a will must stand on firm legal ground. Here are a few of the instances in which a beneficiary can make such a challenge. On What Legal Grounds Can a Beneficiary Contest a Will? Age: A will-maker must have be 18 years of age or older. In some states, younger persons can draft a will if they are…Read More
Adults have the ability to make their own Will to name who will receive their property upon death. There may be circumstances, however, when the process of making a Will wasn’t done properly. Interested persons may wish to step forward and challenge, or contest, the Will, claiming it is invalid. In this article we will discuss Will contests in Texas. Austin probate lawyer Farren Sheehan can help answer questions and assist families with common issues encountered in Will contests, how to bring such actions, and proper grounds for challenging a Will. Who May Contest A Will In Texas Under Texas law, any interested person may contest a Will. While “interested person” is defined as an heir, devisee, spouse, creditor, or any other having a property right in or claim against an estate being administered, cases discussing standing have narrowed those able to contest Wills to persons who have a pecuniary…Read More
