What is a Will Contest?

When someone leaves a Will, it is presumed that the Will’s provisions indicate exactly what the testator desired to have happen with his or her property – most of the time this is the case. However, there are times when the beneficiaries do not agree that the Will provisions truly reflect the deceased’s wishes. In this event, a Will contest may ensue calling into question the manner in which the deceased property is to be disputed.

There are several reasons why beneficiaries may contest a Will. Some of the more popular reasons are that the testator lacked the proper capacity to make the Will. Under this theory, if it is shown that the testator lacked the requisite capacity to make a Will at the time of the Will’s execution, then the Will is necessarily invalid.

Another Will contest theory is that the Will has been revoked by a more recent Will.

A Will can be successfully contested upon a showing of undue influence on the testator. To prove such a claim, the party contesting the Will must prove that the testator was pressured to create the Will and the desires stated in the Will are not his or her own.

Another basis for disputing or contesting a Will is that the named executor is unfit to serve because he or she has a conflict of interest or is just not qualified. For example, the proposed executor has a felony conviction. This would disqualify him or her as a matter of law.

We invite you to contact us for a consultation. Call Garg & Associates, PC at 281-362-2865 or complete our contact form.

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Garg & Associates, PC | 21 Waterway Avenue, Suite 300 | The Woodlands, Texas 77380 Please call 281-362-2865 | Fax: 866-743-4506
Serving The Woodlands, Spring, Houston, Conroe, Kingwood, Tomball, Cypress, Huntsville, Cleveland, Stafford, Montgomery County, Harris County, West Oaks, Memorial, Sugar
Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.