Basics of Contesting a Will

Challenges to a will are legal actions undertaken by beneficiaries of a will who dislike the way a decedent’s assets are to be distributed. While simply being unhappy with the terms of a decedent’s will is not a valid reason to mount a challenge, the law does provide several avenues of recourse for people who believe that provisions in the will (or the entire will) are invalid. If all or part of a will is ruled to be invalid in court, the property named in that section will be treated as if it had never been mentioned and will be subject to state inheritance and probate procedures.

Wills can be challenged on several grounds, including:

• Undue influence – alleges that a third party had a disproportion and inappropriate amount of influence over the testator during the drafting of all or part of the will.
• Lack of capacity – states that the testator did not have the presence of mind or ability to understand his or her actions and decisions while drafting the will.
• Fraud – alleges that a third party engaged in fraud to induce the testator to change his or her will, or that part of the will was based on fraudulent information.
• Legal malpractice – claims that the lawyer or attorney who drafted the will made errors while doing so.

To challenge a will in court, an individual must have standing to do so. To meet this criterion, a person mustmeet at least one of two conditions: a) that he or she is named in the will, or b) that he or she would be in a position to legally inherit if the will were declared invalid.

For more information on will and probate litigation, contact Austin probate lawyers Slater & Kennon, LLP today at512-472-2431.