When you want to direct what happens to your property after your death, you might write a will to tell an executor which of your assets should go to your loved ones or other beneficiaries. However, you may not know that your family members or other interested parties may have the right to contest your will after your death, potentially upending your estate plan. Understanding when a party may file a will contest can help you prepare your will to minimize the chances of potentially costly litigation that may delay the administration of your estate and possibly result in the court rejecting your will.
Legal Grounds for Contesting a Will in Texas
An interested party may file a will contest to challenge the admission of a deceased person’s will to probate. A party challenging a will must assert one or more grounds for the court to decline to admit the will to probate. Common grounds for will contests in Texas include:
- The decedent lacked testamentary capacity (sound mind) when they wrote and signed the will
- Someone exercised undue influence on the decedent to include provisions in the will that do not reflect the decedent’s true intent
- The will is a fraud or the decedent’s signature was forged on it
- Someone tricked the decedent into signing a document presented as their will
- The will does not meet the requirements under Texas law – in writing, signed by the decedent, witnessed by at least two people 14 or older (unless the decedent wrote the will entirely in their handwriting)
- The decedent revoked the will before their death, either by destroying the original copy of the will or subsequently executing another will or a codicil revoking the will
Who Has Standing to Contest a Will?
In Texas, only an “interested person” may file a will contest to challenge the admission of a decedent’s will to probate. The law recognizes several categories of individuals who may qualify as an interested person, including:
- Beneficiaries named in the challenged will or a prior will signed by the decedent
- The decedent’s heirs under Texas intestate succession laws
- A creditor of the decedent that has a financial stake in the outcome of the will contest
Deadlines for Contesting a Will
Under Texas law, an interested person must file a will contest within two years of the date that the court accepts the decedent’s will for probate. However, courts may extend this deadline in limited circumstances involving allegations of fraud, forgery, or incapacity.
Best Practices for Preventing a Will Contest After Your Death
When writing a will, some of the key tips that may help avoid a will contest after your death include:
- Work with an experienced estate planning attorney to ensure that your will meets state law requirements.
- Create a self-proving will to avoid a potential need for the witnesses to your will to testify.
- Communicate your intentions to your family to prevent surprises and ensure that loved ones can testify about your wishes.
- Review and update your will after major life events.
- Consider obtaining a medical competency opinion if you write a will during a period of severe illness or creating a video recording of the signing.
- Discuss the suitability of a “no-contest” clause with your estate planning lawyer.
- Keep the original copy of your will in a safe place and notify the named executor or your legal counsel of the location.
Contact Our Estate Planning Firm Today for Guidance in Drafting Your Will
Contact Guest & Gray today for a free consultation with an estate planning attorney to discuss the potential circumstances that could lead to legal challenges to your will after your death and to learn more about the steps you can take to minimize the risk of a will contest.
