To contest a will, you must provide a basis or reason why you believe the will should not be honored by the courts. Wills can be contested for a number of reasons:
Testamentary capacity
Wills are assumed to have been written by the voluntary consent of the deceased, legally referred to as the testator. The testator must have been of sound mind when the will was written.
Undue influence
Undue influence is the exercise of control of one person over another to the degree that the person making the decisions no longer has free will. In most cases, the influence is found to be subtle, preying on the testator’s fears, emotions or shortcomings.
Lack of valid execution
With the exception of a holographic will, a will in the state of Texas is considered a legal document and must be signed by the testator (or a representative in the testator’s presence and at their instruction) and attested by at least two credible witnesses.
Legal noncompliance
Since wills are legal documents, they are required by law to be drafted, handled and executed in a specific manner that is consistent with the laws of the state.
