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Learn about the reasons or grounds for contesting a will in Texas

Published by Robert A. Ray

Contesting a will in Texas

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Contesting a will in Texas

Can Nieces and Nephews Contest a Will

Contesting a will in Texas

Adoption by Estoppel in Texas

Is contesting a will worth it

Is contesting a will worth it?

Contesting a will in Texas

Testamentary Capacity Checklist

Contesting a will in Texas

Contesting a Will Because of Lack of Testamentary Capacity

– Robert Ray

The reasons or grounds for contesting a will.

This page provides the reader information about the reasons, sometimes referred to as the grounds, for contesting a will in Texas.

You must have grounds for contesting a will in Texas. You can’t contest a will just because you don’t like it. This page has discussions about the various grounds available in Texas to contest a will.

The most common ground for contesting a will in Texas is that the testator did not have the mental capacity to write the will. The second most common ground is that the testator was under undue influence to write the will and he would not have written the will without the influence. Of course, there are other grounds also and they are discussed on this page.

If you have a question about a pending or anticipated lawsuit and are concerned about the grounds to contest a will, use the Contact Us page at the top of the site to see if we can help.

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Testamentary Capacity Checklist

Testamentary Capacity Checklist

In Texas, a testator has to have testamentary capacity to make a will. A testator has testamentary capacity if, at the time the testator signs a will, he - has sufficient mental ability to understand that he is making a will, and has sufficient mental ability to...

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Contesting a Will Because of Fraud in the Factum

"Fraud in the Factum" occurs when a testator is misled as to the nature or content of the instrument being executed. A mistake of fact or law must be accompanied by evidence of fraud or undue influence to defeat the will’s admission to probate. By Robert Ray a Texas...

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Contesting a Will Because of Forgery

Contesting a Will Because of Forgery

It almost goes without saying but if a Texas will is forged, it will not be admitted to probate. A person’s signature can vary fiom one document to the next due to age or physical infirmities, or evenbecause he was “rushed” during the signing process. A claim of...

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Contesting a Will Because of Undue Influence

Contesting a Will Because of Undue Influence

The inheritance rights of loved ones are defeated if the testator is under the undue influence of another. To set aside a will on the basis of a claim of undue influence the contestant must prove... the existence and exercise of an influence upon the testator, which...

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Revoking A Will In Texas

Revoking A Will In Texas

There are two ways to revoke a will in Texas: by subsequent testamentary instrument or by physical act. The Texas Estates Code, §253.002, specifies these two exclusive ways that a will can be revoked. Section 253.002 says: "A written will, or a clause or devise in a...

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Contesting a Will Because of an Insane Delusion

Contesting a Will Because of an Insane Delusion

A claim of “insane delusion” resembles a claim of lack of testamentary capacity and is sometimes considered to be a sub-category of testamentary capacity. An “insane delusion” is the belief of supposed facts that do not exist, and which no rational person would...

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5 Grounds For Contesting Wills In Texas

5 Grounds For Contesting Wills In Texas

When a will is offered for probate, it is offered as the last will of the testator (the person whose will it is), made at a time when the testator knew what he was doing and who was not being unduly influenced to make the will. The most common reasons to contest a...

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Robert Ray is Board Certified

Robert Ray is the Editor and owner of this site. Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization. We handle cases throughout Texas. Our principal office is in Lantana, Texas (DFW area).
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