Texas has a two year limitations period for contesting wills. If you don’t contest a will within two years, you are barred from contesting it thereafter. As I have written before, this is true even if a forged will is admitted to probate. What happens if a minor wants to contest a will when he [...]
Archive of posts tagged Contesting Wills
What influence is “undue?”
A will can be denied probate because the testator was under undue influence when the will was executed. What evidence is sufficient to prove undue influence is case specific. What may be considered by a jury as undue influence in one case may not be in another case. Undue influence implies the existence of testamentary [...]
What evidence proves an “insane delusion?”
The testator said in his will that he did not have any children. A woman claiming to be his daughter contested the will saying that the testator was operating under an insane delusion. The Austin appeals court ruled that the woman did not raise a fact issue and upheld summary judgment against her. The court [...]
Is the economy causing more contested probate cases?
There have been several artilces about the economy causing more contested probate cases. Here’s one and here’s another. I disagree that the recession is causing more cases. I have long thought that it is the changing make-up of the family that causes families to fight over family assets. In the past, mom would marry dad. [...]
Is a forged will good for something?
It can be used to determine when the statute of limitations starts running says the San Antonio Court of Appeals. A man died. A will was offered and admitted to probate. A contest was filed. The jury found the will to be a forgery. The trial court ruled that the testator died intestate. There was [...]
No contest clauses in wills.
Many wills have no contest clauses, also referred to as in terrorem clauses. These basically say that anyone who contest the will looses their inheritance under the will. Courts don’t like to enforce these forfeiture clauses if there is a reasonable way to avoid enforcement. Many courts created a good faith exception. If a contest [...]
Time limits for contesting a will
If you are about to lose your inheritance because someone else is attempting to probate an unfair will, how much time do you have to contest the will? In Texas, the statute of limitations for contesting a will is complicated. Since the time limits begin when the will is admitted to probate rather than when [...]
Who has the burden of proof in a will contest?
The burden of proof in a will contest varies based on the time that the will contest is filed. Generally, if a will contest is filed before the Judge admits the will to probate, the person who filed the will for probate (the proponent) will have the burden of proof. If the will contest is [...]
What is a will contest?
From Wikipedia, the free encyclopedia A will contest, in the law of property, is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator (the party who made the will). Will contests generally focus on the assertion that the [...]
