In a Texas will contest, any person interested in an estate may contest estate proceedings which includes filing a will contest.
In general a Texas will contest can be filed as a result of lack of testamentary intent, lack of testamentary capacity, the exercise of undue influence, and/or that the will was not executed with the necessary elements, or formalities, as required by Texas probate and estate law. A “person interested in an estate” can be defined in many ways.
The following are a few common examples we encounter with a family member, friend, care worker, neighbor, or others exercising undue influence on an individual:
- Taking control of finances
- Receiving financial “gifts”
- Isolation of the individual
- Moving into the dwelling of the individual
- Taking the individual into another dwelling
- Obtaining a power of attorney for the individual
A Will can be contested before or after it is admitted to probate. Under Texas laws, you only have two years to file a will contest after the will has been admitted to probate.