Contesting a will challenges you emotionally, especially when family tensions rise. If you question the validity of a will, knowing the most common grounds for contesting it can help you see your options clearly.
Lack of testamentary capacity
People often contest a will because the testator lacked mental capacity when signing it. To validate a will, the testator must understand the document, know the value of their property, and recognize who naturally benefits from their estate. If you think the testator lacked this understanding, you can challenge the will.
Undue influence
You might suspect someone pressured or manipulated the testator into changing their will. This happens when someone controls the testator so much that the will reflects that person’s wishes instead of the testator’s true intentions. Proving undue influence can take effort, but many will contests arise from this reason.
Improper execution
Wills must follow specific formal rules to count as valid. In Texas, a will must be written, signed by the testator, and witnessed by at least two credible people. If the will misses any of these steps, you can challenge it based on improper execution.
Fraud or forgery
You can contest a will if you believe someone forged it or used fraud to create it. Fraud includes lies or tricks that make the testator sign a will they wouldn’t otherwise accept.
Revocation
Sometimes people contest a will because another, later will exists, or the testator clearly canceled the earlier will. If you find proof that the testator revoked the will, the earlier one loses its legal power.
Knowing these common grounds helps you assess your case with more confidence. Every situation differs, but these reasons often lead to will contests.