Challenging A Will? Put An Experienced Litigator On Your Side.

A person’s will contains their last wishes and final instructions, including how they want to distribute their assets to their beneficiaries and heirs. Unfortunately, the testator, or person who created the will, is no longer around to confirm whether it is accurate or legitimate. When interested parties question the terms and conditions of a will, they can initiate a will contest in probate court.

A will contest in Texas is a legal challenge to the validity of a will. Essentially, someone is questioning whether the court should accept the will as the true expression of the deceased person’s final wishes regarding the distribution of their estate. At the Law Office of Jon R. Disrud in San Antonio, our experienced attorney handles will contests. Contact him today to learn how he can help.

What Are The Grounds For Contesting A Will?

Anyone with an interest in the outcome of the estate administration process and probate proceedings can challenge a will. However, they would need a valid reason to contest its legitimacy. Here are the common grounds for contesting a will:

  • Lack of testamentary capacity: The testator must have been of sound mind and body during the creation of the will. This means they understood the nature of the act and the nature and extent of their property and their heirs.
  • Undue influence: If someone coerced or excessively pressured the testator to the point where the will reflects the desires of the influencer rather than the testator, then the will may not be valid.
  • Improper execution: In Texas, the law mandates that signatories must execute a will according to specific rules, including the presence of witnesses. Otherwise, the validity of the will could be in question.
  • Fraud: A will contest can be based on allegations related to fraudulent procurement, meaning another party deceived the testator about the nature or contents of the document they were signing.
  • Revocation: The challenge might be based on the assertion that the testator revoked the will, either by creating a newer will or by physically destroying the original will with the intent to revoke it.

If you are considering contesting a will or find yourself as the individual whose interest in an estate is under contest, our attorney can guide you through the process.

Representing Your Best Interests In Will Contests

Our skilled probate litigation lawyer at the Law Office of Jon R. Disrud has over 30 years of experience in navigating legal affairs. He can give you the support you need to protect your interests should you become involved in a will contest. Schedule a free consultation at 210-569-0581 or send us a message on our website.