Next week I am starting a new four-part series regarding Will Contests in Texas. I get numerous calls every week from potential clients who, after explaining their situation to me, ask if they have any grounds to contest a Will. When it quickly became apparent that the same questions were arising regularly, I decided this subject would make a good blog topic.
My goal is to explain exactly what a Texas Will contest entails, what grounds are available for such a contest, and what issues regularly arise in such proceedings. In the following days, I will lay out what actual grounds are available for a such contests, and hopefully clear up some of the misconceptions out there about what can and cannot be contested when dealing with Texas Wills.
As a primer, there are basically two base groupings that all contests fall into. The first deals with the person writing the Will, and the second deals with the document itself. Therefore, starting Monday, we will look at the following issues surrounding Will Contests:
1. What are the statutory requirements for a valid Will in Texas?
2. What are the statutory requirements for a valid Will execution in Texas?
3. What does “testamentary capacity” mean?
4. What is an “insane delusion” and what constitutes “undue influence” in the drafting of a Will?
So tune in tomorrow as we delve into the statutory requirements for a properly drafted Texas Will.