A will contest is a legal proceeding in probate court that challenges the validity of a will. When a person dies, their assets are typically distributed according to their will, which outlines how their property should be divided among their beneficiaries. However, if an interested party believes that the will is invalid, they can contest it in probate court.
A will contest can be initiated by anyone who has an interest in the outcome of the probate proceedings, such as an intestate heir of the decedent or a beneficiary named in a prior will. There are several grounds for contesting a will in Texas, including lack of testamentary capacity, undue influence, fraud, and improper execution. Your San Antonio will contest attorney can explain more in your initial consultation.
Lack of Testamentary Capacity
One of the most common reasons for contesting a will is when the testator lacked the required testamentary capacity to make the will. To create a valid will in Texas, the testator must be of sound mind and understand the nature of the act they are performing. This means that they must understand both the property of which they are disposing and the identities of their closest family members who would inherit by default if the testator did not leave a valid will.
If the testator had a mental illness, dementia, or was under the influence of drugs or alcohol when they made the will, the validity of the will could be challenged. The contestant would need to provide evidence that the testator lacked testamentary capacity at the time the will was created, such as medical records or witness testimony.
Undue Influence
Another reason why a will may be contested is that it was the product of undue influence. Undue influence occurs when someone uses their power or influence to manipulate the testator into making a will that benefits them or someone else. For example, if a caregiver or family member pressures the testator into leaving them a larger share of the estate, the validity of the will could be challenged.
To prove undue influence, the individual disputing the will would need to show that the testator was vulnerable to the influence of others, that the influencer had the opportunity to exert that influence, and that the influencer actually did exert undue influence over the testator. Evidence could include witness testimony, medical records, and other documents related to the testator’s mental state and the circumstances surrounding the making of the will.
Fraud
A will may also be contested if it was created under fraudulent circumstances. Fraud occurs when someone intentionally deceives the testator into making a will that they would not have made if they had known the truth. For example, if someone forges the testator’s signature on a will or lies to the testator about the contents of the will, the validity of the will could be challenged.
To prove fraud, the contestant would need to provide evidence that the testator was intentionally deceived. This could include witness testimony or other evidence that demonstrates that the testator did not understand what they were signing.
Improper Execution
Finally, a will may be contested if the will was not executed with the formalities necessary to make a valid will. For example, in Texas, for a will to be valid, it must be in writing and signed by a testator who is over 18 years old in the presence of two subscribing witnesses. The witnesses must be over the age of 14 and must understand that they are witnessing the testator’s signature. If the will was not properly signed or witnessed, its validity could be challenged.
About the Will Contest Process
To contest a will in Texas, the contestant must first file a lawsuit in the probate court. The lawsuit must name the executor of the will and all of the people who would be affected by the outcome of the lawsuit, such as the heirs or beneficiaries of the estate.
The individual disputing the will must provide evidence to show that they have a valid basis for disputing the will, such as evidence that the testator did not have testamentary capacity at the time.
After the lawsuit is filed, the executor of the will and any interested parties will be notified of the lawsuit and given the opportunity to respond. All parties will need to gather evidence to support their claims and defenses. At any point during this process, the parties may also choose to engage in mediation or settlement negotiations in the hopes of resolving the issue without a hearing.
If the parties cannot reach a settlement, the case may proceed to trial, where the parties will present evidence to a judge or jury. The burden of proof depends on when the will contest is filed. If it’s filed before the will is admitted to probate, the will proponent bears the burden of proof on certain matters. If it’s filed after the will is admitted to probate, the contestant has the burden of proof. is on the contestant. If you have questions or concerns, our experienced San Antonio will contest lawyers can help you navigate all aspects of the dispute process.
Our Attorneys Have Litigated Will Contests In San Antonio And Throughout Texas
If you are considering contesting a will, it is highly recommended that you seek the assistance of an experienced San Antonio will contest attorney. There are several reasons why it is important to have qualified legal representation during this process:
- Understanding the legal process: Filing a will contest involves complex legal procedures and requirements. An attorney can guide you through the process and ensure that all of the necessary legal steps are followed.
- Investigating and gathering evidence. Contesting a will requires gathering evidence to support your claim. An attorney can help investigate the circumstances surrounding the creation of the will and gather evidence to support your case.
- Assessing the strength of your case. An attorney with experience prosecuting will contest cases can help you assess the strength of your case and advise you on the likelihood of success. They can also provide an objective assessment of the potential risks and benefits of pursuing a will contest.
- Protecting your rights. A qualified will contest lawyer can protect your rights and interests throughout the legal process. They can ensure that you are treated fairly and that your interests are represented in court.
- Minimizing stress and emotional strain. Contesting a will can be emotionally challenging and stressful. A San Antonio will contest attorney can help alleviate some of the stress and emotional strain by handling the legal aspects of the case on your behalf.
- Maximizing your chances of success. Finally, an attorney with experience in probate litigation can help maximize your chances of success in the case. They can develop a strong legal strategy and present evidence effectively in court to support your claim.
A will contest is a complex legal proceeding that requires knowledge of both probate and civil litigation law. Furthermore, because the cost of litigating a will contest is high, these matters are often taken on a contingency basis in which no fees are paid to the attorney unless a successful outcome is obtained for the client.
Answers from a Real San Antonio Will Contest Attorney
What happens if a will contest is successful?
If you successfully contest a will, the outcome depends on the circumstances. A court may admit a prior valid will to probate, if one exists. If not, the estate will pass through intestacy, with Texas law determining the rightful heirs. In either scenario, beneficiaries under the contested will may lose their inheritance, while others may gain or restore their share.
How long do I have to file a will dispute?
In general, a person has two years from the date a will is admitted to probate to contest it. This deadline is important and should be observed carefully. It applies to many common types of will contests, including claims involving lack of testamentary capacity, undue influence, and improper execution.
However, there can be a strategic advantage to contesting a will earlier, after the probate application is filed but before the probate hearing. At that stage, the burden remains on the proponent of the will to prove its validity. Once a will has been admitted to probate, that burden can shift, making it more difficult to challenge. Acting early can position you more favorably and strengthen your ability to contest the will effectively.
In limited circumstances, an exception may be available for challenges of fraud or forgery because these issues are not always easily or immediately discoverable. In that instance, an individual has two years from the date that they discovered the forgery or fraud to bring a will contest. Similarly, if an individual is a minor at the time of probate, they would also have two years from the date they turn eighteen to bring a will contest in court.
If you are considering a will contest but are unsure of whether you still have time, you should reach out to a San Antonio will contest attorney as soon as possible to discuss your questions and concerns.
If the will has a “No-Contest” clause, will I be disinherited for challenging it?
If you’re considering disputing a will, it is important to be aware of whether your will has a “no-contest clause.” No-contest clauses are designed to discourage beneficiaries from filing frivolous challenges to a will in court. They usually state that if a beneficiary tries to contest a will and that fails, the beneficiary may forfeit their right to whatever assets they would have received from the will.
While courts in Texas recognize “no-contest” clauses, they also recognize the importance of beneficiaries being able to bring legitimate will contests. For this reason, where a beneficiary can show that they had probable cause or a good faith reason to bring forth an issue, such as a genuine belief that the testator was unduly influenced, Texas courts may choose not to enforce a “no-contest” clause. But where a will contest is made only to delay proceedings or for frivolous reasons, such as anger over the legitimate terms of the will, a “no-contest” clause could result in the beneficiary being disinherited.
Contact a San Antonio Will Contest Attorney Today For A Free Consultation
An experienced San Antonio will contest attorney can provide the guidance and support you need to successfully challenge a will and protect your interests. To schedule a consultation with one of our will contest attorneys at Aldrich Law Firm, PLLC, please call us today at (210) 399-3964 or send us a message by completing the intake form on our website.
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