This is a multi-state form covering the subject matter of the title.
Texas Complaint to Contest Will
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FAQ
Texas law recognizes a handwritten will as legally valid. Handwritten wills are known as ?holographic wills.? However, holographic wills increase the odds of a will contest or probate litigation, especially if the handwritten will leaves all or most assets to a single beneficiary at the expense of others.
Time Limit for Contesting a Will In Texas, a person has two years from the date that the will was admitted to probate to contest it. This time limit is known as the statute of limitations. If the will has not been admitted to probate, the time limit would be from the date of death.
Include a No Contest Clause in the Will Another strategy to avoid a Will contest includes a ?no-contest? or ?in terrorem? clause in your Will. A typical ?no-contest? clause states that if an heir challenges your Will and loses, then he or she gets nothing.
Valid legal reasons to contest a will include: Lack of testamentary capacity when the decedent wrote the last will and testament. Fraud or someone exerting undue influence over the testator. Insufficient or inappropriate witnesses.
Lack of testamentary capacity. Undue Influence. Due execution. Other noncompliance with Texas law.
There are three general ways of revoking a will in Texas: through subsequent writing, by a physical act upon the will, or by operation of law.
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.
