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Each state has specific laws that dictate how a will or trust must be signed in order for it to be legally valid. A will that has not followed these rules?signed without the proper number of witnesses, signatures missing, or omitting important text?could be contested.
Evidence of fraud or duress must be presented to invalidate the will. If the will was not genuinely created by the testator or if the signatures of the testator or witnesses were forged, the will could be deemed invalid. Contesting a will on these grounds requires presenting evidence of forgery.
But contesting or defending a will in Texas is not for the faint of heart. It's a complex process that requires the guidance of a skilled legal professional who understands the nuances of Texas probate law. The process includes filing a formal lawsuit.
The court allows the following grounds for contesting a will or trust: Undue Influence. Lack of Capacity. Elder Abuse. Fraud. Forgery. Lack of Due Execution. Mistake. Revocation.
When you need to contest a will in Texas, it is best that the interested party use the services of a Houston probate litigation attorney. These types of legal proceedings require an extensive amount of evidence and arguments.