Can a Will Be Contested in Texas?

The family thought they knew what the will said.

Then Dad died.

A different will appeared.

It was signed near the end of his life. One child received almost everything. The others received very little.

Maybe Dad had been seriously ill. Maybe someone had isolated him from the family. Maybe the signature does not look right.

The immediate reaction is often:

Can we contest this will?

Texas law allows will contests. But an inheritance that feels unfair is not automatically an invalid inheritance.

The question is whether there is a legally supportable reason to challenge the will.

Disappointment Is Not Enough

People generally have substantial freedom to decide who receives their property at death.

A parent does not necessarily have to divide an estate equally among children.

Someone can change a prior estate plan.

A beneficiary can receive more than other family members.

So the fact that a will is surprising, unequal, or upsetting does not by itself establish that something improper occurred.

There needs to be more.

What Is a Will Contest?

A will contest is a probate dispute concerning the validity of a will.

Texas law allows a person interested in an estate to oppose an issue in a probate proceeding before the court decides it, with rights to present evidence and be heard. Texas law also provides for jury trials in contested probate proceedings in appropriate circumstances.

The particular procedure depends in part on whether the will has already been admitted to probate.

Did the Person Have Testamentary Capacity?

One potential issue is whether the person had sufficient testamentary capacity when the will was executed.

This is more specific than asking whether an older person had memory problems.

Someone may be elderly, physically ill, or diagnosed with a condition affecting cognition without that fact alone resolving testamentary capacity.

The relevant circumstances around the execution of the will matter.

Medical records can be important.

So can testimony from people who interacted with the testator around that time.

Was There Undue Influence?

Families often use the phrase "undue influence" to mean someone was pushy or had a lot of influence over the decedent.

The legal issue is more demanding.

The question is whether influence was exercised in a way that overcame the testator's free agency and produced a will that would not otherwise have been made.

The facts can involve relationships, dependency, isolation, participation in preparing the will, changes from prior plans, and the circumstances surrounding execution.

No single suspicious fact necessarily proves the claim.

The evidence has to be considered together.

Was the Will Properly Executed?

Texas has requirements for valid wills.

A dispute may involve signatures, witnesses, testamentary intent, or whether the document otherwise satisfies Texas law.

This is why a family should not simply assume that a document titled "Last Will and Testament" is valid.

The execution matters.

What If the Signature Is Forged?

Forgery creates a different type of dispute.

Compare handwriting.

Preserve originals.

Look for prior signatures.

Identify who was present.

Do not write on the document or alter it.

If fraud or forgery is genuinely suspected, the original document can become crucial evidence.

What If There Are Two Wills?

This happens.

The family finds a 2015 will in a filing cabinet and another document dated 2023 in a safe.

Which one controls?

Usually, the analysis requires examining whether the later instrument was valid, whether it revoked an earlier will, whether any later changes or codicils exist, and whether the documents can be reconciled.

Do not throw away an older will just because a newer document exists.

Prior wills can also become important evidence in a contest.

A Handwritten Will Can Still Be Valid

A document should not be dismissed simply because it is handwritten and has no witness signatures.

Texas recognizes holographic wills when the statutory requirements are satisfied.

That means a handwritten document may still need to be evaluated as a possible will.

Likewise, the fact that a document is handwritten does not make it immune from challenge.

Who Can Contest the Will?

Texas probate law generally speaks in terms of persons "interested" in an estate.

Whether someone has standing to pursue a particular contest depends on their legal interest in the estate and the circumstances.

A person cannot necessarily challenge a stranger's will simply because they disagree with it.

Evidence Often Decides These Cases

A will contest may turn on evidence that existed long before anyone expected litigation.

Preserve:

• The original will
• Prior wills and codicils
• Medical records
• Handwriting samples
• Emails and text messages
• Financial records
• Calendars
• Relevant photographs
• Names of witnesses
• Communications concerning estate planning
• Evidence concerning the testator's relationships and condition

Also create a timeline.

When did health decline?

When did relationships change?

When was the new will prepared?

Who was involved?

Who was present when it was signed?

The timeline can reveal facts that are difficult to see when documents are viewed individually.

Timing Matters

Will contests should not be put off.

Texas Estates Code Section 256.204 generally provides that, after a will has been admitted to probate, an interested person must bring a suit contesting its validity no later than the second anniversary of admission. The statute contains exceptions, including provisions concerning forgery or other fraud and incapacitated persons.

That does not mean every probate dispute has one simple two-year deadline.

Procedural posture and the nature of the claim matter.

If you believe a will may be invalid, early legal review is important.

What Happens Once a Will Is Contested?

Probate can start looking much more like ordinary litigation.

There may be written discovery, document production, depositions, expert issues, hearings, mediation, and potentially trial.

Some disputes settle.

Others do not.

The estate may also continue to require administration while the validity dispute is pending.

What If the Will Is Fine but the Executor Is the Problem?

That is a different dispute.

A valid will can be administered improperly.

An executor may be accused of withholding information, mishandling assets, self-dealing, failing to account, or ignoring duties.

Those allegations concern estate administration rather than necessarily the validity of the will itself.

Identifying the actual problem matters.

Talk to McMillan & Black About a Texas Will Contest

McMillan & Black handles probate and litigation matters involving contested wills, estate disputes, executor issues, heirship, and related Texas probate matters.

If a will appeared unexpectedly, capacity is in question, undue influence is suspected, signatures or execution appear questionable, or multiple wills exist, preserve the documents and seek advice early.

A will contest is ultimately an evidence case.

The sooner that evidence is identified and preserved, the clearer the legal picture can become.

Sources

Texas Estates Code Chapter 55 — Probate Contests 

 Texas Estates Code Chapter 256 — Probate of Wills 

 Texas Estates Code