Can you contest a will?

On Behalf of | Nov 11, 2021 | Probate |

When someone dies with a will, their assets and possessions get distributed to their heirs and beneficiaries.

You cannot contest a will solely because you are unhappy with your inheritance or think it was unfair. You must have a valid reason to contest a will with reasonable proof to back up your claim. There are certain circumstances when a will contest is appropriate.

What does it mean to contest a will?

To contest a will is to challenge the validity of a will in court. You must submit evidence to support your claim, and you may call witnesses.

When can you contest a will?

If you have reasonable proof that the deceased was a victim of undue influence from a care provider or a family member, that someone pressured or threatened them into creating a will they did not agree with, you should contest the will. If you believe that the will is fraudulent, either altered or written by someone other than the deceased, you should challenge the will. If the deceased wrote or made changes to their will while suffering from dementia or another illness that affected their capacity, you may have grounds to challenge the will.

Mistakes are also possible. If the will misspelled an heir’s name, incorrectly identified an heir, or was unclear in designating between two heirs with similar names, you may contest the will.   If the will was not signed, it is not valid.

You have two years from the date the will is officially admitted to probate in Texas to contest a will. After that time, the statute of limitations expires, and you lose the right to challenge the will.