Will contests

Probate

The grounds are specific, and unfairness is not one of them.

A will that treats children unequally, that leaves everything to a new spouse, or that surprises the family is not invalid for those reasons. Texas allows a challenge on defined grounds, and a contest without one is an expensive way to make a family permanently worse.

• Lack of testamentary capacity. The testator did not understand the nature of making a will, the extent of their property, or the people who would ordinarily inherit — measured at the moment of signing, not generally.
• Undue influence. Someone in a position of influence overpowered the testator's will, and the document reflects their desires instead. Proof is usually circumstantial: isolation, dependency, control of medication and finances, involvement in procuring the will, and a sudden change benefiting the influencer.
• Improper execution. The formalities were not met — witnesses who did not sign in the testator's presence, or a document that does not qualify as holographic.
• Forgery or fraud, including a signature that is not the testator's and misrepresentations that induced the will.
• Revocation, by a later will or by physical destruction.

Standing and deadlines

Only an interested person may contest — generally a beneficiary under this or a prior will, or an heir who would inherit if the will failed. Texas allows a contest within two years after the will was admitted to probate, with a limited extension where fraud or forgery is discovered later. Waiting is rarely to a contestant's advantage: memories fade and estates get distributed.

What the evidence looks like

Medical records and physician testimony around the signing date. The drafting attorney's file and notes, which are frequently decisive. The witnesses and the notary. Prior wills showing a consistent intention that changed abruptly. Financial records showing transfers during the same period. Caregivers, neighbours and family who saw the testator regularly. This evidence is gathered, not argued.

Defending a will

Executors and beneficiaries have to defend as carefully as contestants attack: establishing capacity through the people who saw it, showing the will reflects a long-held intention, and explaining the circumstances of the change in ordinary human terms. Where the will contains a no-contest clause, how it is deployed matters — Texas courts will not enforce one against a contestant who had just cause and acted in good faith.

Common questions