TexasInheritance.Com

Learn who can contest a will in Texas

Published by Robert A. Ray

– Robert Ray

Start here to learn who can contest a will

On this page you will learn what you need to know about who can contest a will in Texas.

Do not take, or refrain from taking, any action based on what you read. You need to discuss your situation with your attorney who can advise you based on your facts.

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.

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Who Can Contest a Will

Not everyone can contest a will. A person contesting a will must be an interested party.

The Texas Estates Code defines “interested persons,” in relevant part, to be: children, heirs, devisees, spouses, creditors, or any others having a property right in, or claim against, the estate being administered . . .” In order to contest a will, you must be an “interested party.”

The interest referred to must be a pecuniary one, held by the party either as an individual or in a representative capacity, which will be affected by the probate or defeat of the will. That means you must have a financial interest. An interest resting on sentiment or sympathy, or any other basis other than gain or loss of money or its equivalent, is insufficient. For instance, if you are a neighbor and you see that an undeserving child seems to be ending up with all of the property of their parents or grandparents, there’s nothing that you can do because your interest is not pecuniary. It is just altruistic. The only thing that you can do is to notify an interested party of your concerns. If they are not interested in contesting the will, there’s nothing else for you to do.

Successful Will challenges?

If a will is successfully challenged, the court may then turn to the decedent’s previous valid will if there is one to determine what should be done with the estate.

If there was no previous valid will, or if it has been lost, then the decedent (the person whose estate the will is about) will be considered to have died intestate, or without a will.

At that point, the court will turn to laws that govern how an estate is divided when no will has been left behind.

Information about who can contest a will.

Who are the heirs in Texas?

Who are the heirs in Texas?

The best place to start to learn about inheritance is on our inheritance start page. You can then come back to this page. A person is allowed to make a will and leave his estate to whomever he wants. It doesn't make any difference if he has a wife and children, he can...

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Who and What we Are

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).
Contesting a will in Texas

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Contesting a will in Texas

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In the age of Covid-19. we have been thinking of having monthly or bi-monthly, free, Zoom type workshops where participants discuss with us issues that are of interest to them. There would be no agenda, we would discuss areas that the participants wanted to discuss. Participants could attend by computer, tablet or smartphone.

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