Most people create a will to make sure their wishes are carried out after they pass away. They want to provide clear instructions, protect loved ones, and reduce the chances of family conflict.
Unfortunately, disputes can still arise. If someone believes a will is invalid or does not reflect the true intentions of the person who created it, they may challenge it in court. For families facing a probate dispute, understanding the process can help reduce confusion and prepare them for what lies ahead.
A contested probate case occurs when an interested party challenges the validity of a will or raises objections during the probate process.
In Texas, not everyone has the right to contest a will. Generally, the person bringing the challenge must have a financial interest in the outcome, such as an heir, beneficiary, or someone who would inherit if the will were found invalid.
A disagreement alone is usually not enough. The challenge must typically be based on recognized legal grounds.
Several issues commonly lead to probate disputes.
The person creating a will must understand that they are signing a will, have a general understanding of their assets, and recognize the people who would naturally be expected to inherit from them.
If family members believe the person suffered from dementia, cognitive decline, or another condition that affected decision-making, they may question whether the will was valid when it was signed.
Undue influence involves more than simply persuading someone. It generally refers to a situation where another person exerts enough pressure or control that it overcomes the individual's free will.
These claims often arise when a caregiver, family member, or trusted advisor receives a larger share of the estate than expected.
A will may also be challenged if there are allegations that signatures were forged, documents were altered, or the person signing the will was deceived about what they were signing.
Texas law requires certain legal formalities when a will is signed. If required procedures were not followed, questions may arise about whether the document should be admitted to probate.
Once a probate dispute begins, the process often becomes more complex than a standard estate administration.
The court may review:
The judge will evaluate the evidence and determine whether the will is valid under Texas law.
Because contested probate cases can take time, families may experience delays in distributing assets while the dispute is resolved.
When a will contest arises, taking practical steps early can help preserve important information.
Locate copies of the will, trusts, powers of attorney, medical records, and any documents related to the estate plan.
Important records, emails, text messages, and witness information may become valuable if questions arise later. Memories fade, and documents can become harder to locate over time.
Probate disputes often involve strong emotions. While disagreements may be unavoidable, keeping communication respectful can help prevent additional conflict and expense.
Every probate dispute is different. An attorney can help evaluate the circumstances, explain the process, and identify options based on your family's specific situation.
While no estate plan can eliminate every possibility of a challenge, proactive planning can often reduce the risk.
Some helpful steps include:
Certain trusts may also reduce the need for probate and help create a more structured transfer of assets. For business owners, coordinating estate planning with business succession planning can help reduce uncertainty and potential conflicts in the future.
A will contest can create significant stress for families already dealing with the loss of a loved one. Understanding the probate process and responding promptly to concerns may help protect your interests and avoid unnecessary complications.
At Campbell Law Firm, we help individuals and families throughout Tyler, Mineola, and East Texas navigate estate planning and probate matters with clear guidance and personalized attention. With more than 35 years of legal experience, Bradley S. Campbell and our team are committed to helping clients understand their options and make informed decisions about the future. Book a consultation to learn more.
References: Vents Magazine (May 6, 2022) “5 Reasons A Law Will May Be Contested” and Forbes (June 7, 2024) “Contesting a Will: Who Can Do it and How Does it Work?”
