Sometimes after a testator’s death, concerned parties might carry out a will contest. A will contest involves disputing the validity of a will in court.
What are the grounds for will contests? Here are some of the most common reasons why an individual (or a group) would contest a will.
The testator in question created a will under undue influence
Unfortunately, some people coerce a testator into establishing a will in a way that goes against their wishes. They might accomplish this by using blackmail or taking advantage of their physical/mental incapacitation.
The will is flawed or incomplete
Per Texas Estate Code Section 251.051, a will is valid when it’s in writing, has at least two witnesses 14 and over who signed the will and a signature either by the testator or someone signing the document on the testator’s behalf in their presence and under their direction.
Perhaps said will is missing a signature, or there’s a spelling error in someone’s name.
The will contains forged signatures
It’s forgery if someone signs a will pretending to be an authorized testator or witness.
There was a mistake in the revocation process
A testator can revoke a will due to life changes like marriage, adoption or divorce. However, if they incorrectly revoked a will, multiple wills may resurface, causing confusion and strife among heirs.
Misinterpretation of a will
Sometimes, a testator can accidentally execute a will because they mistook it for something else.
It’d be great if all wills were valid, but if something doesn’t seem right, it might be necessary to contest it. That said, you need to prove a will’s invalidity. If you’re a beneficiary or a power of attorney who thinks something seems “off” about a will, please reach out to legal assistance to aid you in your case.