What Should You Know About Contesting a Will?

You want your loved one’s last wishes to be honored, and if they’re not, then you may need to contest a will that is fraudulent or in some other way invalidated. A probate attorney in El Paso, TX can help you determine if you have grounds for a contest and guide you through the process of doing so.

What to Know About Contesting a Will

You Must Have Standing

Only those who have an interest in the will are permitted to bring a contest. The interested parties are:

1. Anyone named in the will (a beneficiary)
2. Anyone who would inherit if there were no will (the “natural” heirs)
3. Any creditors
4. Anyone with a legal contractual relationship to the deceased (for instance, a common-law spouse)

If you’re not in the categories named above, you can’t bring a contest under Texas law.

You Must Have Cause

The next thing to know is that you must have what Texas considers a valid reason to bring a contest. No one can contest a will just because they don’t like it, think it’s unfair, or don’t like that someone who benefits by it. Valid causes include:

Fraud

Do you think someone switched pages on your loved one as they were signing or after the signature went on a final page? Do you think the entire will is a forgery? This is grounds for a contest.

Coercion

Did someone manipulate or threaten your loved one into signing something they otherwise wouldn’t have? This isn’t unheard of: sometimes caregivers withhold pain medication or otherwise use their power to force someone into including them in a will, increasing their share, or disinheriting others.

Invalid

Was the will executed entirely according to Texas law? If something about it doesn’t follow the rules, then the will may be totally invalid. Handwritten wills, known as holographic wills, are valid in Texas, but they have to follow strict rules and be legible.

Not the Only One

If there’s more than one will, and it’s not clear which will is the latest, then you have grounds to bring a contest.

There’s a Time Limit

You can contest a will immediately upon the death of the testator, but once the will goes into probate, you only have two years to bring a contest. There are two limited exceptions. First, if you discover fraud, you can bring a contest up to two years from the date you discovered the fraud, even if that’s later than the date the will was entered into probate.

Second, if you were incapacitated at the time your loved one passed, you have until two years from the date you regain capacity. This would apply, for example, if a wife were put into a coma by a car accident that also killed her husband. Her husband’s will may go into probate immediately, but she has two years to bring a contest from the date she wakes up and regains capacity, not from the date of the car accident itself.

Talk to a Probate Attorney in El Paso, TX

If you need help with contesting a will or creating a will that can withstand a contest, talk to a probate and estate planning attorney at Townsend Allala Coulter & Kludt El Paso, TX now. We also serve clients in Truth or Consequences, NM.

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