February 19, 2024

How To Contest A Will In Texas?

Contesting a will is a sensitive and complex matter, often arising during emotionally charged times. In Texas, understanding the timeframe and legal nuances involved in contesting a will is crucial. 

Understanding the Basics: Contesting a Will in Texas

Contesting a will is a critical legal procedure that challenges the validity of a deceased person’s last testament, particularly when it is believed that the will does not accurately represent the deceased’s true intentions. Several factors can lead to a will contest, each with distinct characteristics and illustrative scenarios:

• Undue Influence

This occurs when the testator (the person who made the will) is pressured or manipulated, leading to a will that reflects someone else’s desires rather than the testator’s own. 

• Fraud

Contesting a will on fraud grounds involves proving that the will was created or altered through deceptive practices. 

• Lack of Testamentary Capacity

This basis for contesting a will concerns the mental state of the testator at the time the will was made, such as if the testator was suffering from dementia or another condition that impaired their ability to understand the will’s nature and consequences.

• Improper Execution

A will may be contested if it was not executed in accordance with Texas legal requirements. 

• Revocation

A will may be contested under the suspicion that a more recent will exists that revokes or changes the previous one. 

• Mistake in Execution

This involves errors made during the drafting or signing of the will, such as a will mistakenly including or excluding certain assets due to clerical errors or misunderstandings.

Each of these grounds requires specific evidence and legal arguments for a successful challenge. Consulting with a knowledgeable attorney, who practices in estate planning, wills, and trusts is crucial for effectively navigating these complex issues.

The Critical Window for Action

In Texas, while the standard rule is that a will must be contested within two years from its admission to probate, this timeline can be influenced by various factors. Understanding these factors is key to determining the actual window available for contesting a will.

• Date of Probate Admission

The clock for contesting a will typically starts from the date the will is officially recognized by the probate court. For instance, if a will was admitted to probate on January 1, 2023, the deadline to contest it would generally be January 1, 2025.

• Discovery Rule

This legal principle allows the timeframe for filing a claim to start when the potential plaintiff discovers the issue. If someone was unaware of the will’s existence or its probate, their time limit may start from when they become aware. For example, discovering the will’s existence six months after probate begins their two-year window from that discovery date.

• Minor Beneficiaries

Minors typically have until two years after reaching the age of majority to contest a will. If a beneficiary turns 18 on December 1, 2023, they would have until December 1, 2025, to contest the will.

• Testamentary Capacity Challenges

Contests based on the claim that the testator lacked mental capacity might extend the contest period if evidence of incapacity is revealed later. A medical diagnosis confirming the testator’s dementia, made after probate, could extend the contest period.

• Fraud or Undue Influence Discovery

The period to contest may be extended if evidence of fraud or undue influence is uncovered later. For example, uncovering evidence a year after probate that a caregiver exerted undue influence could extend the deadline to contest.

• Will Revocation or Amendment Claims

Discovering a newer will that revokes or amends the probated will can reopen the window for contesting the original will. Finding a more recent will three years after the first will’s probate could challenge the earlier will’s validity.

Each of these factors can significantly impact the timeline for contesting a will in Texas. Given the complexities, it’s crucial to consult with a probate attorney for timely and effective action.

Seeking Legal Help: The Role of Attorneys 

Contesting a will in Texas requires timely action and a strong legal strategy. If you believe a loved one’s will does not reflect their true intentions, it’s essential to consult with a estate planning attorney promptly. 

At Villeda Law Group, we understand the intricacies of probate and estate planning. We’re here to help you explore your options and ensure your rights are protected. Contact us today for a consultation and take the first step in ensuring your loved one’s legacy is honored as intended.

Remember, the clock is ticking. Don’t delay in seeking legal counsel to understand your rights and options in contesting a will.