Losing a parent, spouse, or sibling is difficult enough without discovering a will that does not reflect what you know that person actually wanted. Every year, Texas families find themselves questioning whether a will was signed under pressure, drafted while a loved one was seriously ill, or altered by someone with something to gain. If you are asking whether you can challenge a will in Texas, the honest answer is yes, but only under specific legal grounds, and you are facing a difficult legal fight during an already challenging time.
At Murray | Lobb Attorneys, our estate planning and probate litigation lawyers help Texas families sort out legitimate concerns from simple disappointment, then pursue the ones that hold up in court.
Who Can Actually Contest a Will?
Not everyone gets to challenge a will just because they disagree with it. Texas law requires you to be an “interested person,” meaning someone with a financial or legal stake in the outcome. This typically includes:
- Beneficiaries named in the current will
- Beneficiaries named in an earlier version of the will
- Heirs who would inherit under Texas intestacy laws if the will were thrown out
- Creditors of the estate
If you would not receive anything different whether the will stands or falls, you likely lack standing to bring a contest, and your case would be dismissed.
You Cannot Contest a Will Just Because You Are Unhappy
Texas courts start from the presumption that a validly executed will reflects the testator’s true wishes. Feeling hurt, confused, or shortchanged is not a legal basis for a challenge. Any challenge to the validity of a will must be based on legal grounds alone. A court will not overturn a will unless it has a specific reason to do so that is backed up by evidence and the law.
Ground One: Lack of Testamentary Capacity
To make a valid will in Texas, the testator must have understood what they were doing at the moment they signed it. Specifically, they needed to grasp the nature of a will, the extent of their property, who their natural heirs were, and how the document would distribute their assets. When one is in physical or mental decline, they may not have this ability. Medical records, witness testimony, and the testator’s own conduct around the time of signing often become central evidence in these cases.
Ground Two: Undue Influence
Undue influence occurs when someone manipulates or pressures the testator into writing a will that reflects the influencer’s wishes rather than the testator’s own. Courts typically look for a combination of factors:
- The influencer had the opportunity to pressure the testator
- A motive to benefit from the change
- The testator was vulnerable due to isolation, declining health, or dependency on the influencer
A common manifestation of this is when someone disinherits family members in a will in favor of a caregiver who has constant access to them.
Ground Three: Improper Execution
Texas has specific formalities for a valid will. Under the Texas Estates Code, a written will generally must be signed by the testator and witnessed by two credible witnesses who are at least fourteen years old. Handwritten, or holographic, wills are an exception to the witness requirement but must be entirely in the testator’s own handwriting and signed by them. If these formalities were skipped, such as a missing witness signature or a will that was never properly signed, the document may be invalid regardless of what it says.
Ground Four: Fraud or Forgery
Fraud can take different forms, such as tricking the testator into signing a document they believed was something else, or misrepresenting facts to induce specific bequests. Forgery involves faking the testator’s signature or fabricating the document entirely. Because these schemes are often deliberately hidden, Texas law gives contestants extra time to act once the fraud or forgery is discovered, rather than starting the clock at probate, because you may not have learned the grounds of fraud at the time of probate.
You Have a Limited Amount of Time to Challenge a Will
Timing is one of the most misunderstood parts of a will contest. Under Texas Estates Code Section 256.204, once a will is admitted to probate, an interested person generally has two years from that date to file a contest. There are limited exceptions, including a longer window for fraud or forgery claims measured from the date of discovery, and special rules for individuals who were legally incapacitated at the time.
Missing the applicable deadline can permanently close the door on an otherwise valid claim, which is why acting quickly matters. A court does not have the ability to hear a legal case once the statute of limitations has passed, and no exceptions apply.
Filing Before or After Probate Changes Who Has the Burden
If you raise your objection before the court admits the will to probate, the person seeking to probate the will carries the burden of proving it is valid. Once the will has already been admitted, that burden shifts to you as the contestant, and you must affirmatively prove invalidity. This shift is a significant strategic reason to act as early as possible when you suspect a problem.
What to Do If You Suspect a Problem
If something about a loved one’s will does not add up, start gathering documentation before memories fade or evidence disappears. Medical records, correspondence, prior wills, and witness accounts of the testator’s mental state and relationships in the months before signing can all matter later. Because these cases hinge on specific legal grounds and strict deadlines, sitting on a genuine concern rarely helps your position.
Contact a Galveston County Probate Litigation Lawyer
Texas will contests are fact-intensive, deadline-driven, and often emotionally charged for everyone involved. If you believe a will does not reflect your loved one’s true intentions, the Galveston County estate planning lawyers at Murray | Lobb Attorneys can review the situation and explain your realistic options. Contact us at 281-488-0630 or message us online to discuss your case.