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

by Robert A. Ray


Mental Capacity

Contesting a will in Texas is usually based on the ground of testamentary capacity. A testator has to have testamentary capacity.

Undue Influence

Our elderly become dependent on others. That dependency can cause them to do what they are told not what they want.

Improper Execution

A will has to be executed with the formalities set out by law. If those formalities are not followed, it can void a will.

The reasons or grounds for contesting a will.

1.Lack of mental capacity
2.Undue Influence
3.Improper execution of 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. I have also written about “5 grounds for contesting wills in Texas.

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. There may be a presumption of undue influence if a fiduciary is involved.

You should not take, or refrain from taking, any action based on this article. You should discuss your situation with your attorney who can advise you based on your situation.

If you have a question about a pending or anticipated lawsuit about contesting a will in Texas, use the Contact Us page at the top of the site to see if we can help.

Robert Ray

Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization. We handle cases all across Texas. Our principal office is in Lantana, Texas (DFW area).

Robert Ray is a Texas attorney who handles inheritance disputes

Why Us?

Inheritance disputes involve someone who has taken advantage of the elderly. These cases are complicated and most often, but not always, involve outsiders. We represent you knowing that these inheritance disputes are private and painful family matters. We know this is a stressful time for you. We strive to obtain the quickest and best results possible so that you can get this troubling episode behind you.


Who Receives Notice of Probate?

Who Receives Notice of Probate?

When a will is filed for probate in Texas, the county clerk posts a notice on the courthouse wall. That is the only notice unless someone is a named beneficiary in the will that was filed. Just because you are a relative doesn’t mean you get personal notice.

Presumption of Undue Influence

Presumption of Undue Influence

A person who is an Executor, Administrator, Trustee, or who has a Power of Attorney is a fiduciary. A fiduciary must act in the best interest of the beneficiaries and show that each of his actions was in the beneficiaries’ best interest. When an action benefits the fiduciary in any way, there is a presumption of unfairness, and the fiduciary may be liable.

Get In Touch

Get In Touch


Lantana, Texas
In the DFW area


(214) 660-5700

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