What to Do if a Family Member Falsely Contests a Will

 Posted on February 28, 2024 in Estate Planning and Probate

Being named as a beneficiary in a loved one’s will can be a blessing, but it sometimes leads to conflict within families. When a family member falsely contests a will purely out of spite or greed, it can be incredibly frustrating and stressful for the rightful beneficiaries. If you find yourself in this situation as a beneficiary, working with a Texas lawyer is an ideal first step.

Talk to the Executor

The first step is to talk to the executor named in the will. As the executor, it is their duty to carry out the terms of the will and defend it against contests. Explain to them that you believe the contest is completely meritless and ask what they plan to do about it. Hopefully, they will agree with you and be willing to dispute the contest.

Gather Supporting Evidence

Your attorney will help you gather evidence showing the will accurately reflects what the deceased wanted to happen with their estate. This might include competency testimonials from people who interacted with them near their time of death, showing they had full mental capacity. It might also include evidence demonstrating the nature of your relationship and communications showing their intent to provide for you.

Attempt to Resolve It Privately

Before jumping straight to litigation, your attorney may advise you to make a good-faith effort to resolve things privately through mediation or negotiations. Maybe the contesting family member simply needs to be educated about the situation. Or perhaps some compromise can be reached to avoid a long court battle. This is worth exploring upfront.

Go Through Probate Litigation If Needed

Suppose private resolutions fail and the family member continues making false claims about the validity of the will and your rights as a beneficiary. In that case, your attorney can then initiate probate litigation. This involves filing paperwork with the probate court disputing the contest and making arguments as to why the will is valid and should be admitted.

The burden will then be on the contesting party to produce substantial evidence invalidating the will. If they fail to meet that burden because their contest is indeed false, the court will eventually rule in your favor. But you have to be prepared for this process to take many months. Having experienced probate litigation in your corner at this point is essential.

Contact a Comal County, TX Estate Planning Attorney

No matter how frustrating it becomes to deal with a spiteful family member making false accusations, do your best to stay calm. Emotions have a way of heightening tensions even further. Listen to a Bexar County, TX estate planning lawyer and focus on navigating the proper legal steps to defend the will. Call Geoff Mayfield, Attorney at Law at 210-535-0870 for a free consultation to find out what the first step you should take may be.