When someone passes away and leaves a will, what seems like a final set of instructions for their estate can become a source of dispute. In Texas, wills are most commonly contested for reasons such as lack of capacity, undue influence, improper execution, fraud or forgery, or sudden changes in the document.

For example, a will may be challenged if the testator’s mental state was compromised by illness, medication or dementia at the time of signing. Another common ground: someone exerted pressure or manipulation—known as undue influence—that caused the testator to make decisions they otherwise wouldn’t have.

The Most Common Grounds for Contesting a Will

1. Lack of Testamentary Capacity

The law requires that the person making the will (the testator) understands that they are creating a will, understands the nature and extent of their estate, and knows who their intended beneficiaries are. If at the time of signing the testator lacked this understanding, their will can be vulnerable.

2. Undue Influence

When someone close to the testator uses persuasion, coercion, or manipulation to change the will in their favor — that can provide grounds for challenge. The courts look closely at relationships, control, and sudden dramatic changes in the estate plan.

3. Improper Execution or Formalities

Texas law sets specific rules on how a will must be signed, witnessed, and dated. If these formalities are not followed, the will may not be valid.

4. Fraud or Forgery

If a will is signed under false pretenses, forged, or the testator was misled about its contents, then the document may be challenged on the basis of fraud.

5. Sudden or Unexplained Changes

When a new will appears shortly before death that significantly alters or eliminates prior beneficiaries without explanation, it often raises questions and invites scrutiny.

How You Can Prevent a Will Contest

• Work with an experienced estate attorney: Proper drafting ensures the will meets all legal formalities and reflects the genuine wishes of the testator.
• Document the testator’s capacity: If health or cognition is at issue, having a physician’s statement or other records can be valuable.
• Use independent, neutral witnesses: Avoid conflicts of interest like beneficiaries serving as witnesses.
• Communicate clearly and openly: Clear explanation of changes and reasons helps reduce surprises that might trigger disputes.
• Consider alternative tools: A trust or other estate-planning tool may reduce the likelihood of a contested will.

The Williams Firm, P.C. — Your Ally in Estate Litigation

If a loved one’s will raises questions, or you want to ensure your own estate plan is robust against dispute, our firm in Livingston, Texas, is ready to assist. Our attorneys bring real-world experience in contested wills and trust disputes — combining legal know-how with sensitivity to family dynamics.

Whether you’re drafting a will, revising a plan, or navigating a challenge, let The Williams Firm, P.C. guide you toward clarity and protection.