What is a Will Contest?
Will Contests
A will contest is a formal legal objection raised against the validity of a Last Will and Testament during the probate process. When you contest a will, you are asking the probate judge to invalidate the document because it does not accurately represent the deceased person’s true wishes or it violates Texas probate law.
Because contesting a will in Texas is a highly complex area of probate litigation, it requires the guidance of an experienced legal team who understands local probate courts and the strict evidentiary standards required to win.
Who Can Contest a Will in Texas?
Under Texas law, not just anyone can challenge a will. You must be considered an “interested person.” An interested person typically includes:
- Spouses, children, or other direct heirs of the deceased.
- Beneficiaries named in the current will being offered for probate.
- Beneficiaries named in a previous version of the deceased’s will.
- Anyone who would stand to inherit property if the deceased had died without a will (intestate).
Legal Grounds for Contesting a Will in Texas
You cannot challenge a will simply because you feel the distribution of assets is unfair. Texas law requires you to prove specific, legally valid reasons for the document to be thrown out. The most common grounds for contesting a will in Texas include:
1. Undue Influence This occurs when a bad actor—such as a caregiver, new spouse, or estranged family member—exerts severe emotional or psychological pressure on a vulnerable person, forcing them to change their will. To prove undue influence, our contested probate lawyers will help demonstrate that the manipulator destroyed the free agency of the deceased, resulting in a will that the deceased would not have otherwise made.
2. Lack of Testamentary Capacity For a will to be valid in Texas, the creator (testator) must be of “sound mind” at the exact moment they sign the document. If your loved one was suffering from advanced dementia, Alzheimer’s, severe illness, or the heavy effects of medication, they may have lacked the mental capacity required to understand what they were signing.
3. Fraud or Forgery A will can be invalidated if it was created through deception. This includes situations where someone slipped a document in front of the deceased and lied about what it was, or cases of outright forgery where the signature on the will is fake.
4. Improper Execution Texas has strict laws regarding how a will must be signed and witnessed. Generally, a formal, typed will must be signed by the testator in the presence of two credible witnesses. If these legal formalities were ignored, the will may be invalid.
5. A More Recent Will Exists (Revocation) If you are in possession of a newer, valid will that was executed after the one currently submitted to probate, the newer document typically automatically revokes the older one.
FREQUENTLY ASKED QUESTION:
How Long Do You Have to Contest a Will?
Time is of the essence in estate disputes. In Texas, the statute of limitations to contest a will is generally two years from the date the will is officially admitted to probate.
However, there are exceptions in cases involving fraud or forgery, where the two-year clock may begin on the date the fraud was discovered.
Despite this two-year window, the best time to challenge a will is before it is admitted to probate. Acting quickly prevents the executor from distributing assets that rightfully belong to you.
Why Choose WelchWood Law PLLC for Your Estate Dispute?
Will contests deeply divide families and require a delicate balance of aggressive litigation and compassionate counsel.
At WelchWood Law PLLC, Donna Phillips Wood and Pam Welch bring years of dedicated legal experience to your side. Having navigated immense personal losses themselves, Donna and Pam both understand the heavy emotional toll the probate process takes. We aren’t just here to litigate; we are here to provide clear communication, honest case evaluations, and a protective shield for your family’s legacy.
Schedule a Consultation with a Dallas Will Contest Lawyer Today
If you suspect a loved one’s will is invalid, or if you are an executor facing a lawsuit from a disgruntled family member, do not wait to get legal help.
Contact WelchWood Law PLLC today at (469) 310-3377 or fill out our online form to schedule a consultation. Based in North Dallas on Preston Road, we proudly represent clients in Dallas, Collin, Denton, Rockwall, and Tarrant counties.