Reason for Contesting a Will – Who Can Challenge a Will in Texas?
Wills are often successfully contested in Texas for a wide variety of reasons. It is important to do your research if you are interested in grounds to contest a will.
There are plenty of reasons why a will can and should be contested. However, successfully contesting a will requires you to understand the law and hire professional legal representation in most cases. Read on to discover some of the most common reasons why wills are successfully contested in Texas.
Common Reasons for Contesting a Will in Dallas TX
If you need to know how to contest a will, you need to research the most frequent scenarios in which a will is successfully contested in a legal setting. The first step to contesting a will is hiring an estate planning lawyer Dallas TX. However, you should also consider whether your case is likely to be successful.
Here are some of the most common scenarios in which a will is successfully contested in Texas.
The Testator of the Will Was Induced Under False Pretenses
A will may be successfully contested if the testator signed without realizing the significance of the document. You need to be able to prove that the testator did not have a full understanding of what they signed in this case. False inducement involves a situation where the testator does not realize the importance of what they are signing.
In many cases, individuals want to trick those with large estates into signing documents that leave them assets. They may succeed in doing so under false pretenses. This could involve putting a document that is actually a will in front of a testator and saying that it is only a bill, greeting card, or other trivial documents.
The Testator of the Will Was Influenced By Another Party
Undue influence is a common reason why a will may be successfully contested. Consult an estate planning Dallas attorney if you think that undue influence has impacted the will of a loved one.
Courts may determine undue influence if a testator made unexpected changes to a will. For example, a will can be successfully contested on the grounds of undue influence if the testator unexpectedly changes a will to benefit a professional caretaker. The court may conclude that the testator was easily manipulatable and overturned the will.
The Testator of the Will Was Not of Sound Mind
Unfortunately, individuals who draft wills at the end of their lives might lack testamentary capacity. There are numerous possible reasons why a lack of a sound mind may be determined in a will dispute.
If the testator is determined not to understand the extent of the assets being allocated in the will, a lack of testamentary capacity may be determined. Lack of sound mind or testamentary capacity may also be determined if the testator did not seem to understand that assets are being disposed of before signing a will. There are many other possible reasons why a lack of a sound mind may be used to contest a will successfully.
The Will Is Not Legally Valid Due to Procedural Issues
Any will need to be executed properly to be valid. A will needs to be either holographic or attested to be valid. A holographic will is any will that is handwritten by the testator. An attested will is a will that has clearly been signed by the testator in the presence of at least two witnesses.
If it cannot be determined that a will is either holographic or properly attested, that will could be legally contested. A witness must be determined not to have received any monetary payment for services in order to be identified as a credible witness.
Getting Legal Assistance With Contesting a Will Case
If you about queries about contesting a will in Dallas TX, you need to hire a law firm to assist you. At Vermillion Law Firm, LLC, we can assist those involved in contesting a will. It is important to overturn a will if it is unfair to survivors of a deceased loved one or does not accurately reflect the testator’s wishes.
Get in touch with us today at Vermillion Law Firm, LLC, for consultation on contesting a will. We can come to your assistance regarding all your estate planning needs in Dallas TX. Call or email us today to learn more about our services.