What Are the Grounds for a Will to Be Challenged?

 Posted on December 29, 2023 in Estate Planning and Probate

Suddenly losing a parent or spouse is devastating enough without questions arising over the validity of their last will and testament. Knowing legitimate grounds for contesting a will can help grieving beneficiaries evaluate the next steps. A Texas estate planning attorney can help determine if you have grounds to contest a will.

Lack of Sound Mind

For a will to be legally valid, the deceased must have a sound mind when signing, which means they could knowingly and willingly document final wishes for property distribution after death. If substantial evidence shows the person lacked essential awareness or agency when finalizing a will because of factors like Alzheimer’s dementia, severe intoxication, or pharmaceutical side effects, grounds may exist to contest.

Signature Issues

Several problems with the signature process could render a will contestable. These include the inability of the testator to physically sign their name, failure of the will to be signed in the presence of two competent adult witnesses, or signatures obtained through spoken coercion or threats invalidating true consent.

Suspicious Circumstances

Courts also allow will contests in highly questionable circumstances surrounding the creation or alteration of documentation. For example, suppose a new will excluding one child surprisingly surfaces after 20 years unseen or still in the lawyer’s possession, or a caretaker rapidly produces updated documents shortly before an elderly person passes, conferring significant benefits. In that case, suspicious activity may warrant investigation and dispute via litigation.

Dishonest Influences

Sadly, bad actors sometimes exert undue control or manipulation over a vulnerable or trusting person to orchestrate fraudulent will changes benefitting themselves. This is considered “undue influence” in legal terms. For example, new caregiver isolation, threats, and intense flattery can confuse a susceptible testator. Any evidence suggesting an altered mental state or stolen affection calls for a closer look.

Discovery Failures

During probate, the administrator must show all documented beneficiaries with estate inventory, asset valuations, and the proposed will within a strict timeframe. Any proof that an executor intentionally concealed the existence of a will or specific gifts and assets by refusing to furnish required information upon request may constitute grounds for a contest by injured parties.

Contestant Holds Responsibility for Providing Evidence

In will disputes, the burden of furnishing clear and convincing evidence of invalidity or foul play falls to the contesting party, challenging an executed legal instrument. However, if you suspect actual misconduct warped a loved one’s testamentary wishes, an attorney can help collect and present the necessary proof. Even the threat of a potential lawsuit can sometimes motivate ethically questionable executors to open better dialogue and reach more appeasing agreements.

Contact a Wilson County, TX Estate Planning Attorney

If you feel you have a case for contesting a will, a Bexar County, TX estate planning lawyer can help with the process. Call Geoff Mayfield, Attorney at Law at 210-535-0870 for a free consultation.