TexasInheritance.Com
Learn about the reasons or grounds for contesting a will in Texas
by Robert A. Ray
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 |
| 2. | Undue Influence |
| 3. | Improper execution of will |
| 4. | Forgery |
| 5. | Fraud |
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 in Personal Injury Trial Law by the Texas Board of Legal Specialization. We handle cases all across Texas. Our principal office is in Lantana, Texas (DFW area).
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.
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This page is general information about Texas law. It is not legal advice about your situation, and reading it does not create an attorney–client relationship. These matters turn heavily on specific facts and specific dates, and the law has exceptions this page does not cover. You should not take, or refrain from taking, any action based on this page. Discuss your circumstances with an attorney who can advise you on them.