When someone passes away and leaves a will, most people assume their final wishes will be carried out exactly as written. But it doesn’t always work that way. In fact, wills are challenged more often than you might think—sometimes for good reason, and sometimes because someone feels wronged or suspicious. Knowing the grounds for contesting a will can help you understand when it makes sense to step in, and what the court will actually consider.
In this guide, we’ll explore the legal basis for contesting a will, walk through common scenarios, and share real-life stories of families who’ve been through it. If you’re thinking about challenging a will—or just want to protect your own estate from future conflict—this is the resource you need to read from start to finish.
Understanding What It Means to Contest a Will
Challenging a Will in Probate Court
Contesting a will is a legal process that happens inprobate court, where someone (usually an heir or beneficiary) disputes the validity of all or part of a will. Simply disagreeing with what’s in the will isn’t enough. You need solid legal grounds for contesting a will, and the burden of proof lies with the person who’s challenging it.
A will contest can result in the entire document being thrown out, specific parts being disregarded, or an earlier version being reinstated. The process can be emotionally draining, legally complex, and financially costly—which is why courts take these challenges seriously.
Who Can Contest a Will in Texas?
Legal Standing Is Required
Before you go down the road of challenging a will, make sure you actually have legal standing. That means you must have a financial interest in the outcome of the estate.
You can contest a will in Texas if:
- You’re a named beneficiary in the current or previous will
- You’re a legal heir under Texasintestacy laws
- You’re a creditor with a valid claim against the estate
- You would inherit if the will were deemed invalid
If none of these categories fit you, the court will likely dismiss your claim—no matter how unfair the will may seem. Understanding who has the right to challenge is just as critical as understanding the grounds for contesting a will.
Ground #1: Lack of Testamentary Capacity
Was the Person of Sound Mind?
One of the most common grounds for contesting a will is claiming that the person who wrote the will (the “testator”) wasn’t mentally competent at the time it was signed.
To have testamentary capacity in Texas, a person must:
- Know the natural objects of their bounty (i.e., understand who their heirs are)
- Understand the nature and extent of their property
- Know what a will is and how it disposes of their property
- Be capable of making reasonable judgments about these things
If someone had dementia, Alzheimer’s, or was under the influence of medication or drugs when they signed the will, a court may find they lacked capacity.
Real-Life Example: The Will Signed Too Late
In a case out of San Antonio, a 91-year-old man signed a new will just three days before his death from late-stage Alzheimer’s. The new document completely changed the distribution of his estate and excluded his eldest son.
The court later ruled that the man lacked testamentary capacity at the time he signed. The will was invalidated, and his earlier will was admitted to probate. This is a textbook case where one of the clearest grounds for contesting a will applied.
Ground #2: Undue Influence
Was the Testator Manipulated?
Another common reason for challenging a will is undue influence. This occurs when someone close to the testator pressures them into changing their will in a way that benefits the influencer.
To prove undue influence, you’ll need to show:
- The influencer had a confidential or controlling relationship with the testator
- The testator was susceptible due to age, illness, or mental condition
- The influencer actively procured or manipulated the will
- The resulting will deviates from what would be expected
Proving undue influence is difficult, but strong evidence—like changes made after a new caregiver enters the picture—can sway a court.
Real-Life Example: The Caregiver Who Took It All
In Dallas, a wealthy woman rewrote her will shortly after hiring a live-in caregiver. The new will gave nearly her entire estate to that caregiver and disinherited her grandchildren. The family contested the will, claiming undue influence.
After a three-day trial and testimony from doctors and friends, the judge ruled in favor of the family. The will was invalidated, and the estate was distributed under the previous version.
Undue influence is one of the most sensitive yet powerful grounds for contesting a will, especially when vulnerable elders are involved.
Ground #3: Improper Execution
Did the Will Follow Legal Formalities?
Texas law has strict requirements for how a will must be executed. If those aren’t followed, the document may be considered invalid—even if it reflects the person’s true wishes.
In Texas, a will must be:
- In writing
- Signed by the testator (or by someone else at the testator’s direction)
- Signed by two witnesses who are at least 14 years old
- Witnessed in the presence of the testator
If these steps aren’t followed, the court may reject the will for improper execution. In such cases, improper paperwork becomes one of the most straightforward grounds for contesting a will.
Ground #4: Fraud or Forgery
Was the Will Faked?
Fraud or forgery is another serious basis for challenging a will. This might involve:
- Forged signatures
- Misleading the testator about what they’re signing
- Falsifying pages of the will after it was signed
If you suspect the will isn’t authentic, you can request handwriting analysis, subpoena witnesses, or submit prior drafts as evidence.
Though harder to prove, fraud is one of the most damaging grounds for contesting a will—and if successful, can result in criminal charges against the wrongdoer.
Real-Life Example: The Signature That Didn’t Match
In a Fort Worth case, a daughter presented a will that gave her full control of her father’s estate. But other family members noticed the signature looked suspicious.
A handwriting expert testified that the signature didn’t match any of the father’s verified legal documents. The court found the will was forged and dismissed it.
Ground #5: Multiple Wills and Contradictions
When Two (or More) Wills Create Confusion
Sometimes, the court is presented with multiple wills, and it’s unclear which one is valid. In most cases, the latest properly executed will takes precedence, but that’s not always a guarantee.
Problems arise when:
- Wills were written close together, with unclear dates
- One version was not revoked properly
- Copies exist but the original is missing
- Codicils (will amendments) contradict prior instructions
This kind of contradiction can be one of the trickiest grounds for contesting a will, and judges often rely heavily on testimony and documentation to sort it out.
What Happens If a Will Is Invalidated?
The Legal Fallout
When a court finds that one of the legal grounds for contesting a will is valid, several outcomes are possible:
- A prior valid will may be reinstated
- The estate may be distributed under Texas intestacy laws (if no other will exists)
- The court may appoint an administrator to manage the estate
This can dramatically change who inherits what. That’s why anyone considering a will contest should be sure the challenge is truly worth pursuing—both legally and emotionally.
When Should You Contest a Will?
Timing and Tactics Matter
In Texas, you typically have two years from the date a will is admitted to probate to file a contest. However, if fraud is discovered later, that timeline may be extended.
Before filing, consider:
- Is there clear evidence supporting your claim?
- Are you prepared for a potentially long, expensive legal process?
- Will the value of the estate justify the cost of litigation?
Contesting a will is a serious step, and courts don’t take these claims lightly. That’s why understanding the grounds for contesting a will helps ensure your claim is legitimate—and not just based on hurt feelings.
How to Strengthen Your Will Against Contests
Preventing Future Disputes
If you’re on the other side of this equation—planning your estate—it’s wise to draft your will in a way that reduces the risk of future challenges.
Here are a few tips:
- Use a qualified estate planning attorney
- Make your wishes clear and specific
- Avoid major last-minute changes
- Consider a no-contest clause (to discourage frivolous lawsuits)
- Videotape the signing, especially if you’re elderly or ill
The fewer ambiguities your will contains, the less likely it is someone will find grounds for contesting the will after you’re gone.
Final Thoughts on Grounds for Contesting a Will
Family disputes are never easy, and when they involve a will, emotions tend to run high. Whether you’re the one considering a challenge or the one trying to prevent one, knowing the legal grounds for contesting a will can make all the difference.
From lack of capacity and undue influence to fraud and improper execution, each ground has its own legal hurdles and evidentiary standards. But when you’re well-informed and legally supported, it’s possible to ensure that justice—and the decedent’s true intentions—are honored.
So don’t go into probate blind. Ask the right questions, gather the facts, and be prepared for the road ahead. Because in the end, knowing when and how to challenge a will is about more than inheritance—it’s about standing up for what’s right.
