What do I need to know about will contests in Texas?

Putting together an estate plan is no easy task. It requires a review of all of the estate’s assets and debts as well as a discussion of which legal tools help to meet your needs. In many cases, families choose to use a will as part of their plan. Those who take the time to put together a will are wise to take steps to reduce the risk of a will contest, or challenge to the will. Knowing the basics about this process can help better ensure the will survives a legal challenge.

The following provides important information for both those who create a will and those who are looking to move forward with a challenge.

Who can contest a will in Texas?

In Texas, not everyone can contest a will. In most cases only interested parties, typically those who stand to benefit or lose from the will’s provisions, are eligible. These can include beneficiaries named in the will, heirs, and creditors in specific circumstances.

What are common grounds for contesting a will?

One of the most common reasons to contest a will involves concerns of a lack of testamentary capacity. The testator, or creator of the will, must understand the nature of the act, the effect of the will, the nature and extent of the property, and the claims of those who might be expected to benefit from the will. A failure to have this level of understanding can invalidate the will or any changes.

Additional reasons to challenge a will often include:

• Undue influence: This occurs when the testator is coerced to create or change the will in a manner that does not reflect their true intentions.
• Improper execution: Texas law requires specific formalities for a will’s execution. Failure to adhere to these can render a will invalid.
• Fraud or forgery: Contesting a will on these grounds involves proving that the will was fraudulently induced or forged.

These are just a few of the most common reasons to challenge a will. Those who believe a will is not valid may have a different reason to justify legal action.

How does someone contest a will?

The process of contesting a will in Texas involves several steps. The first is often to file a contest. Next, the law generally requires notification of the contest to all interested parties. During the will contest, both sides present evidence supporting their claims. After evaluating the evidence, the court decides on the validity of the will.

The probate court then determines the validity of the will. The court helps to better ensure that all legal standards and procedures are strictly followed throughout the contest process. It also aims to protect the rights of all parties involved, better ensuring that the testator’s intentions are honored and that beneficiaries receive their fair share according to the law.

Is the process efficient?

A will contest can increase the amount of time it takes to distribute an estate and may decrease the estate’s value. Those looking to create a will that can withstand a challenge are wise to avoid the common grounds for a challenge noted above.

Another option for avoiding a will contest is to use a revocable trust instead of a will as the primary estate planning tool.  Trusts are generally more difficult to contest than wills. As such, using a trust instead of a will could reduce the likelihood of a contest after death.

In the event of a challenge, those looking to increase efficiency and minimize the impact of the challenge on the estate can start by gathering and organizing evidence. Collect all relevant documents, including medical records and witness statements that support the grounds for the contest. It is also wise to maintain open lines of communication with all parties involved to potentially resolve disputes outside of court.

The probate court’s finding is not the end. Those who disagree can file an appeal. It is important to note that there are time limits on this process. A recent case provides an example. In this case, an individual who was attempting to challenge a will wanted to appeal the trial court’s holding but filed for the appeal after the deadline. Upon review, the court of appeals dismissed the claim as untimely. This highlights the importance of legal guidance when navigating the will contest process. A failure to follow proper protocol can result in the dismissal of the claim. Following procedure and gathering necessary evidence can help to better ensure a successful challenge.

Whether looking to draft a will that can withstand a challenge or move forward with a successful claim, it is important to understand the basics of the process. Although the particulars vary depending on the details of the case, the information above provides a foundation to begin the process and better ensure the transition of a family’s estate moves forward as smoothly as possible.