Austin Probate Lawyers

Common Challenges to a Will

In probate law, a Last Will and Testament is an incredibly important document. A will is often considered the first – and frequently last – word on many issues which may arise during probate. It comes as no surprise that people are constantly advised to create wills and bombarded with information regarding the importance of having a valid will.

Unfortunately, like any precaution or legal document, a will is only as good as the person or people who prepare it. A testator (a person who makes a will) who is unable to think clearly or make their own, independent judgments may not be able to express their wishes in an effective manner. When this occurs, the will can be challenged in a court of law by people wishing to change its terms.

One of the most common ways in which a will is challenged is through an allegation of undue influence. Undue influence occurs when someone gains benefits in a will by taking advantage of the testator, either by coercion, deception, or other means. Undue influence is closely related to fraud, but differs in that fraud involves an instigator securing benefits for another party, while undue influence only applies when the instigator obtains benefits for him or herself.

Because of its nature, an allegation of undue influence is often accompanied by claim of lack of mental capacity, which asserts that a testator was not in full possession of his or her mental faculties, i.e., unable to make sound decisions, at the time that the will was created.

If you are involved in probate litigation, you need an experienced Austin probate lawyer to represent your interests in court. Call Slater, Kennon & Pugh LLP at 512-338-1100 today.