Will Contests

Texas Probate Code Section 93 provides a vehicle for an interested party to dispute the validity of a will. The dispute process involves filing a lawsuit. The lawsuit must be filed within two years.

The disputing party must prove that there are factors that invalidate the will.

It is essential to have competent legal representation in Will Contests because of the time sensitive deadlines and strict burden.

Who can Contest a Will and on what Grounds?

In Texas, several conditions and situations can create the likelihood of a will contest. There are six major situations in which the likelihood of a will being contested is significantly increased, including:

• In the event that a family member changes a Will in an unusual way while under the effect of dementia or some other condition that effects the judgement of the mind.

• In the event that one is putting someone under excessive influence or duress to change the Will because of the position they have over the testator or the reliance upon that person for survival.
• In the event that fraud is conducted in the execution of the Will, or the elements of the Will are clearly deficient.

In the event that a family member changes a Will in an unusual way while under the effect of dementia or some other condition that effects their judgement.

For assistance with will contests in the South Texas regions of Harlingen, Brownsville, and McAllen, contact The Barrera Law Firm.