September 23, 2024

What Should You Do If a Will is Invalid?

The validity of a will determines its ability to be executed according to the decedent’s wishes. When a will is deemed invalid, it can lead to significant legal challenges and emotional distress for the beneficiaries involved. Here are the actions you should take if you encounter an invalid will and how Villeda Law Group can guide you through resolving these disputes.

Common Reasons Why a Will Might Be Invalid in Texas

In Texas, several factors may render a will invalid. Understanding these common reasons is crucial for anyone involved in estate planning or probate disputes.

1. Improper Execution

   A valid will in Texas must comply with specific formalities. The will must be signed by the testator (the individual creating the will) and witnessed by at least two credible witnesses who are 18 years or older and of sound mind. Additionally, these witnesses must sign the will in the presence of the testator. If these formalities are not followed, the will may be contested and deemed invalid by the probate court.

2. Lack of Testamentary Capacity

   The testator must have testamentary capacity, meaning they were of sound mind at the time they created the will. This requires that they understand the nature of the will, the extent of their property, and the identity of the beneficiaries. If the testator was suffering from mental illness, under the influence of substances, or otherwise incapacitated, the will could be invalidated. Testamentary capacity is often a focal point in will contests.

3. Fraud or Undue Influence

   If the testator was coerced, pressured, or deceived into signing a will or making certain changes to it, the will could be contested on the grounds of fraud or undue influence. This typically occurs when a beneficiary, caregiver, or other party exerts undue pressure on the testator, leading them to make decisions that do not reflect their true wishes.

4. Forgery

   A will that is proven to be forged is automatically invalid. Forgery involves someone creating a fraudulent document or altering an existing will without the testator’s consent. When forgery is suspected, courts will closely examine the evidence to determine the legitimacy of the will.

What to Do If You Believe a Will is Invalid

If you suspect that a will is invalid, it’s important to take immediate legal action. Here are the steps to follow if you are considering contesting a will:

1. Consult an Attorney

   Consulting with a qualified wills, trusts, and estate lawyer is essential. At Villeda Law Group in McAllen, Texas, our legal team can assist in evaluating your case and determining the best course of action. Probate litigation can be complex, and having experienced representation can help protect your interests.

2. Gather Evidence

   To support a will contest, you will need to gather evidence that demonstrates the will’s invalidity. This may include medical records indicating the testator’s lack of capacity, documentation of undue influence, or witness statements from those who were present when the will was executed. Evidence is critical to substantiating your claim in court.

3. File a Will Contest

   To challenge a will’s validity, you must file a contest in probate court. The contest must be filed within a specific time frame, typically two years from the date the will was admitted to probate, although exceptions may apply. The legal process of contesting a will involves presenting your case to the court, where the evidence will be reviewed, and a decision will be made. Our skilled estate planning attorney in McAllen, TX can guide you through the process and represent your interests in court.

4. Mediation as an Option

   In some cases, mediation may provide an alternative to a lengthy court battle. Mediation allows the parties to negotiate a settlement in the presence of a neutral third party, which can be a faster and more cost-effective resolution. However, it is not always appropriate for every will contest, and an attorney can help determine if mediation is a suitable option for your case.

If you believe a will is invalid and need legal assistance, the Villeda Law Group is here to help. With decades of experience in estate planning, probate litigation, and dispute resolution, we can provide the legal representation you need to protect your rights.

Villeda Law Group: Your Partner in Estate Planning

If you suspect or have discovered that a will is invalid, the first step is to consult with a knowledgeable attorney who can offer tailored advice and robust representation. Contact Villeda Law Group today to schedule a consultation and ensure that your estate planning needs are expertly handled.