When a will is believed to be invalid or defective, Texas law allows interested parties to challenge the will through a contest proceeding. The Estate of Rodgers, No. 13-22-00202-CV (Tex. App.–Corpus Christi 2023) case examines the grounds for contests and the evidence needed to prove such an allegation.
Facts & Procedural History
The background of the case is fairly simple. A man passed away and had executed a will in 2017. Upon his death, two of his children entered that will into probate. However, another daughter contested the filing, and attempted to file a will that he supposedly signed in 2016.
This led to her siblings filing a counterclaim against the daughter wishing to admit the 2016 will into probate, alleging that she did so with false documents and in bad faith. The jury found the following documents as false:
- A document filed on August 7, 2019, purporting to be a deed of the decedent’s real property that he allegedly gave to the daughter
- A document filed on August 19, 2019 purporting to make the daughter the trustee of a trust over real property owned by the decedent
- An Employer Identification Number (EIN) filed on October 14, 2020
- An Affidavit of Heirship filed on August 9, 2019
- An Affidavit of Domicile in the Deed Records filed on August 9, 2019
- An Affidavit of Death filed on August 9, 2019
- A Trustee Appointment filed on August 6, 2019
What are the Grounds for Contesting a Will in Texas?
If an interested party believes a Texas will is not legally valid, they can contest it on certain grounds including:
- Lack of Proper Execution – The will was not signed by the testator and two witnesses as required
- Lack of Testamentary Capacity – The testator lacked sufficient mental capacity when making the will
- Undue Influence – The testator was improperly pressured or coerced into making the will
- Fraud or Duress – Trickery or force was used to induce the testator into signing the will
- Revocation – A more recent will or codicil revokes the prior will being challenged
- Mistake – If there is a mistake in the will, such as an incorrect name or amount, that provision may be invalidated. However, this does not apply if the mistake was apparent on the face of the document and the testator still signed it knowingly and willingly
The contestant bears the burden of proving these defects by a preponderance of evidence to overcome the presumption that a validly executed will is valid. In the event a will is successfully overturned, then a previous will that an appellant entered would be used.
However, a will can also be voided if it is not properly executed, if the testator was not of sound mind at the time of execution, or if the will was procured by fraud or duress. If a will is rendered void, the estate would be distributed in accordance to Texas intestacy laws.
As it relates to the case, the daughter contesting the will did so unsuccessfully. She was not able to provide any substantial evidence for admitting the 2016 will into probate over the 2017 one. Furthermore, it was proven by the courts that the documents that she admitted were falsified.
What Types of Evidence Can Be Used?
Several categories of evidence may be utilized in a will contest proceeding:
- Witness Testimony – Statements by those present when the will was executed or others familiar with the testator’s mental state
- Documentary Evidence – Letters, medical records, or other writings showing the testator’s state of mind, relationships, etc.
- Expert Testimony – Opinions of doctors, handwriting experts, or other specialists regarding capacity, authenticity of signatures, etc.
- Physical Evidence – Handwriting analysis, medical exams, or other forensic evidence used to prove issues like forgery or incapacity
Circumstantial evidence and inferences may also be used to establish grounds like undue influence or lack of capacity.
The Takeaway
As the case showed, contesting a will is permissible under Texas law, but those seeking to contest a will face high proof burdens and must demonstrate adequate grounds plus interest in the estate. Merely questioning a will without evidence of grounds or interest will lead to dismissal in court.
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The content of this website is for informational purposes only and should not be construed as legal advice. The information presented may not apply to your situation and should not be acted upon without consulting a qualified probate attorney. We encourage you to seek the advice of a competent attorney with any legal questions you may have.
