The will that an individual drafts outlines their last wishes and provides instructions for the support of their loved ones. Wills are important testamentary instruments that largely dictate the lasting legacy an individual leaves after dying.
Adults who draft wills generally expect their loved ones and the courts to uphold their documents. While that is usually what happens, occasionally, people ask the courts to set aside wills by contesting them. Will contests can occur for a number of different reasons, and the five reasons below are among the most common.
A holographic will
Texas does recognize handwritten or holographic wills. Testators can write their wills themselves. However, family members may contest the will by questioning its authenticity. If other people cannot validate the handwriting of the testator, a holographic will could lead to probate litigation.
Suspicious changes
Many people who draft wills communicate with their loved ones about the contents of their wills. If a testator seemingly made revisions without ever discussing them with family members, that may lead to people questioning the validity of those changes or the reasoning behind them.
Serious medical issues
Sometimes, family members contest wills because an individual’s health declined before they drafted the document. Testators must retain their testamentary capacity for their wills to hold legal authority. In scenarios where people develop conditions like Alzheimer’s disease, they may lack the capacity to draft valid documents.
Caregiver interference
Spouses, children and even professionals may act as caregivers for aging or ailing adults. Some people use their position to pressure or manipulate vulnerable people into changing their estate plans. In scenarios where a caregiver suddenly becomes the main beneficiary of a will, family members may have grounds for a contest based on undue influence.
Illegal provisions
Perhaps the decedent had a strained marriage and tried to completely disinherit their spouse. Maybe they left some of their property directly to a pet. There are a variety of illegal terms that people might include in their wills. Surviving family members may contest a will in cases where its contents violate the law.
Recognizing warning signs that there might be issues with a will can help people act to uphold a loved one’s true wishes. Pursuing probate litigation is sometimes the best option available when there may be serious issues with a will.