Common Reasons Wills Are Contested in Probate Court

 Posted on July 07, 2025 in Estate Planning and Probate

When someone dies, his or her assets will go through the process of probate, which involves distributing property to beneficiaries in court. If someone has written a will before passing on, all of the estate’s property will be distributed according to the instructions in the will. A person who writes a will is called a "testator." 

Writing a will generally makes managing an estate easier for all parties, especially the executor of the estate. However, a will can still be challenged, leading to legal disputes. Whether you are writing a will yourself, or you are responsible for somebody else’s estate, it can be helpful to know the common reasons why wills end up disputed in probate court. A Texas probate attorney at Geoff Mayfield, Attorney at Law can help you avoid pitfalls and mediate conflicts as needed.

Did the Writer of the Will Have Testamentary Capacity?

When you write a will, it is assumed that you are of sound mind – meaning that you understand the implications of what you are writing. To be considered of sound mind, you should know:

• You are writing a will

• How much your estate is worth

• Who will benefit from your estate

• How your assets will be distributed

Additionally, you must have the lasting memory to hold all of these things in mind. A will can be challenged if someone suggests that you did not have the testamentary capacity to fully grasp what you were writing. At Geoff Mayfield, Attorney at Law, we represent clients who need help writing a will, as well as executors and beneficiaries who have concerns about a will.

Was the Writer of the Will Unduly Influenced?

A will should reflect the testator’s wishes and nobody else's. Unfortunately, this is not always the case. Sometimes, people close to the testator may try to exert control over how assets are distributed through manipulation or coercion. This is known as undue influence, and it can be cited as a reason to contest a will in Texas.

Proving an allegation of undue influence can be difficult. If you are bringing an allegation of undue influence forward, you will have to show that there was a real attempt to undermine the testator’s wishes. Our attorney can help you bring forward or fight against a claim of undue influence in probate court.

Was a Mistake Made During the Will?

If a mistake was made during the will, no matter how small, it may bring the whole document into question. For example, if the will was not signed in the presence of two witnesses, it might not be considered legally valid. Furthermore, the witnesses to the will must not benefit from the will in any way.

Minor errors in a will can bring the probate process to a halt. At our firm, we can review the alleged mistakes in the will and help you work toward a reasonable resolution.

Meet With a Bexar County, TX Probate Attorney

Are you dealing with issues in the administration of a will? Geoff Mayfield, Attorney at Law is here to help. Contact our San Antonio, TX contested will lawyer at 210-535-0870 to set up a free consultation today.