Contesting a will in Texas is usually based on the ground of testamentary capacity. A testator has to have testamentary capacity.
Our elderly become dependent on others. That dependency can cause them to do what they are told not what they want.
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|
|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.
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.
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.
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.
Can you represent yourself in court in an inheritance dispute? Yes. Is it wise, no. And remember, you can’t represent someone else in court and an estate is someone else.
This article is about ways that people exert undue influence to obtain the property or estate of others.
A Texas will or trust can be reformed, in limited circumstances, based on a scrivener’s error (a mistake made by the attorney preparing the document as opposed to a mistake by the clients.)
Challenging a pay of death (POD) or joint account with right of survivorship account is difficult but cah be done. Don’t accept them at face value.
Almost all wills have a no contest clause in them. You should not be worried about the clause if you bring a contest in good faith and with just cause.
Contesting Wills If you have questions about how to challenge the will of a loved one for any reason this page will help you get started. Contesting a Will is Not About Greed As tragic as it is, abuse against our elders is on the rise. Whether by caretakers, friends,...
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