Estate, Probate and Trust Law Attorneys Can Help You Contest a Will

May 13, 2021

A will of a loved one must meet several requirements in order to be valid. If a loved one’s will is found to be invalid, one may successfully contest a will.

For a will to be valid, the testator must have been capable of making a will at the time it was made. This means that he must be of sound mind and of legal age, with memory and understanding when the will was made.
The testator should also have made the will in his own intent. He or she shouldn’t have been forced or pressured to create the will. It may be also considered invalid if it was obtained by fraud or forged after the loved one’s death.
A revoked will is also considered invalid. Usually wills are revoked the testator’s entrance upon marriage or civil partnership. It can also be revoked when executing a later will or by creating a written statement declaring the intention of revoking the will.
There are several ways to execute  will contests . If you are a close relative and believe that you have not received sufficient benefit from the will, or if the will is not in the best interest of your loved one, you may contest a will.
An article on the Daily Mail clearly depicts an example of a case of a family contesting a will after the testator, Lord Glenconner, left much of his estate to his manservant, instead of to his immediate family:
“Lord Glenconner’s widow and grandson will today contest his will in which he left his £20million St Lucia house and 20-acre estate to his manservant.
But today Glenconner’s family, including his widow, Lady Anne, and his grandson Cody Tennant, 20, the new Lord Glenconner, will challenge the decision as they believe it was made as a result of the peer’s final illness.”
Matters such as this can be very complex, that’s why it is advisable to immediately seek the help of a professional. An attorney knowledgeable in probate, estate and trust law may be able to help you contest a will of a loved one.  (Source: Lord Glenconner’s widow to contest will in which he left £20million house and 20-acre estate to St Lucia manservant, The Daily Mail, dailymail.co.uk, Published 24 February, 2013)

A statue of justice is sitting on a wooden table next to a wooden gavel and scales of justice.
February 6, 2025
Choosing the right guardianship placement for a loved one is critical for maintaining their dignity and well-being. This blog post explores how the right choice can provide the care and support needed while respecting the individual’s rights. Learn about the factors that influence guardianship decisions and how a guardianship attorney can assist in making the best choice.
A red book and a judge 's gavel on a wooden table.
January 2, 2025
If you find yourself accused in a fiduciary litigation case, it’s crucial to know the steps to take to protect your interests. This blog post outlines what to do if you’re facing serious allegations and provides insights into defending yourself effectively in fiduciary matters. Learn more about the process and how a fiduciary litigation attorney can help.
November 22, 2024
On What Grounds Can a Will Be Contested in Texas?
May 31, 2024
Understanding the Types of Assets That Can Be Included in a Will
April 29, 2024
Creating a trust can be an important step in securing your assets and ensuring they are distributed according to your wishes. However, navigating the complex legal requirements of setting up a trust can be challenging, especially if you are not familiar with the laws and regulations surrounding trusts in Texas. That's where hiring a trust attorney comes in. In this blog post, we will discuss when it is necessary to hire a trust attorney in Texas and how they can help you protect your assets and legacy.
March 28, 2024
The Importance of Having a Power of Attorney in Place
February 22, 2024
Navigating the Territory of Probate Duration
January 31, 2024
When a loved one encounters a situation where they can no longer manage their own personal, financial, or legal affairs, taking legal action may become necessary to protect their interests and well-being. In Texas, guardianship and conservatorship are two legal processes that enable individuals to make decisions for others who are unable to do so themselves due to various incapacities. Understanding the differences between these roles and knowing when to seek the assistance of an attorney can be vital for Texas residents facing these challenging situations.
December 20, 2023
When it comes to making decisions for someone who is unable to make decisions due to mental or physical incapacity, guardianships are an essential part of the legal landscape. Guardianships can help protect the rights and welfare of individuals who cannot advocate for themselves. In Texas, Guardianships are established when a court determines that a person is incapacitated, which means they are unable to make critical decisions. In this blog, we’ll explore everything you need to know about guardianships in Texas. 
November 30, 2023
Having a loved one pass away is an emotional and trying time. This can be compounded when a dispute arises over their will. If you are feeling overwhelmed and unsure of how to contest a will in Texas, this blog is for you. In this post, we will cover the grounds to challenge a will, how to contest a will, how long the process might take, and how an attorney can help. 
More Posts
Share by: