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 When a will is offered for probate, it is offered as the last will of the testator (the person whose will it is), made at a time when the testator knew what he was doing and who was not being unduly influenced to ...
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Read more about why some wills are contested
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 To set aside a will on the basis of a claim of undue influence the contestant must prove
- the existence and exercise of an influence upon the testator,
- which operated to subvert or overpower the testator’s mind at the time the will was executed, and...
- such that the execution would not have occurred but for the undue influence.
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Read more about contesting a will because of undue influence
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 In Texas, wills must be executed with proper formalities. If it is not executed with those formalities, the will will not be admitted to probate and the deceased's property will go to his heirs through the law of descent and distribution.
Proper execution generally requires that: - The will be in writing;
- Signed by the testator;
- It must be signed with testamentary intent;
- The testator must know and understand the contents of the document; and
- If not wholly in the handwriting of the testator, be witnessed by two witnesses who sign the will in the presence of the testator.
If you would like to talk to an estate planning attorney or a lawyer who is familiar with probate law to advise you about a will contest, click on the "Let us Help You" tab at the top. For a discussion on what order the parties must sign the will, click here.
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 To have "testamentary capacity" the testator must, at the time of the execution of the will, have sufficient mental ability
- to understand the business in which he is engaged;
- to understand the effect of his act in making the will;...
- to know the general nature and extent of his property;
- to recognize his next of kin and the natural objects of his bounty; and
- have sufficient memory to collect in his mind the elements of the business to be transacted and to hold them long enough to perceive at least their obvious relation to each other and to form a reasonable judgment.
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Read more about contesting a will because of lack of testamentary Capacity
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 "Fraud in the Factum" occurs when a testator is misled as to the nature or content of the instrument being executed. A mistake of fact or law must be accompanied by evidence of fraud or undue influence to defeat the will’s admission to probate.
If you would like to talk to an estate planning attorney or a lawyer who is familiar with probate law to advise you about a will contest, click on the "Let us Help You" tab at the top. |
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 It almost goes without saying but if a will is forged, it will not be admitted to probate.
A person’s signature can vary fiom one document to the next due to age or physical infirmities, or even... |
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Read more about contesting a will because of forgery
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 A claim of “insane delusion” resembles a claim of lack of testamentary capacity and is sometimes considered to be a sub-category of testamentary capacity. An “insane delusion” is the belief of supposed facts that do not exist, and
- which no rational person would believe.
The courts have held that a testatrix’s conviction that one or both of her disinherited children were... |
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Read more about contesting a will because of an Insane Delusion
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"Fraud in the Inducement" occurs when a fact “outside of the document” is intentionally misrepresented and, without such misrepresentation, the testator would not ave executed will. In Texas, fraud in the inducement of a dispositive instrument and undue influence are treated as one. Fraud in the inducement can include promissory misrepresentation as well as isrepresentation of an existing fact. If you would like to talk to an estate planning attorney or a lawyer who is familiar with probate law to advise you about a will contest, click on the "Let us Help You" tab at the top. |
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 Texas requires that all wills be in writing. Before 2007, however, Texas recognized nuncupative or oral wills. Now, oral wills or no longer recognized.
Before 2007 when oral wills were admitted to probate, you could only dispose of personal property by an oral will, not real property. Because oral wills were subject to abuse in that anyone could claim that the Testator told them who they wanted to have the estate, oral wills had to meet certain criteria.The will had to be:
1. Made when the Testator was in his last sickness;
2. Made at the testator's home or where he had resided for more than 10 days; and,
3. The amount subject to the will could be no more than $30.00 dollars " unless it be proved by three credible witnesses that the Testator called on a person to take notice or bear testimony that such is his will, or words of like import."
Nuncupative wills are an historical oddity that estate attorneys talk about when discussing the "good old days."
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