What are the Common Legal Grounds for Contesting a Will in Texas?

Texas probate and estate law allows a will to be challenged for several reasons. A contest may be filed based on:

Lack of Testamentary Intent

The document may not clearly show that the individual intended it to serve as their final will.

Lack of Testamentary Capacity

A will may be invalid if the individual did not understand the nature of their property, who their natural heirs were, or the effect of signing the will.

Undue Influence

A contest may arise when someone improperly pressures or manipulates an individual into signing a will that does not reflect their true wishes.

Failure to Follow Texas Will Formalities

Texas law requires specific steps for proper execution. If the will does not meet these requirements, it can be considered invalid.

How Can You Tell if a Loved One Was Influenced When Creating a Will in Texas?

The Ashmore Law Firm has seen many situations where a family member, friend, care worker, neighbor, or another person takes advantage of a vulnerable individual. Examples that may indicate undue influence include:

• Taking control of the individual’s finances

• Receiving unusual or large financial gifts

• Isolating the individual from family and friends

• Moving into the individual’s home

• Moving the individual into a different residence

• Obtaining a power of attorney for the individual

• Controlling access to medical care, transportation, or communication

These situations often raise concerns about whether the will truly reflects the individual’s wishes.

How Will Contests Affect Families

Will contests can create painful conflict during a period of grief. These disputes often place family members in difficult positions and can impact long standing relationships. Having an experienced probate attorney helps protect your rights while guiding you through a stressful and emotional legal process.

Texas Deadlines for Filing a Will Contest

Texas law sets strict deadlines for contesting a will. A will can be challenged:

• Before it is admitted to probate

• After it is admitted to probate

Once the will has been admitted to probate, you generally have two years to file a will contest. Missing this deadline can prevent you from challenging the will, even if you have valid grounds.

How The Ashmore Law Firm Handles Will Contests

The Ashmore Law Firm approaches every will contest with both compassion and determination. Our team:

• Reviews all documents and evidence

• Works with medical professionals and expert witnesses

• Identifies signs of undue influence or lack of capacity

• Builds strong legal arguments to protect your rights

• Communicates clearly throughout the probate process

We understand how difficult these cases can be. You deserve a legal team that treats your situation with respect and care.

When to Contact an Attorney

If you believe a will does not reflect your loved one’s true intentions, or if you need to defend a valid will from challenge, it is important to seek legal guidance as soon as possible. The deadlines in Texas are strict, and evidence may become harder to obtain as time passes.