What Evidence Do You Need to Contest a Will in Texas?

When a loved one passes away, dealing with grief is hard enough—facing an inheritance dispute makes it even harder. But if the will does not reflect your loved one’s true intentions, you may have valid grounds to challenge it. Texas probate courts do allow will contests, but only if you have the legal right to do so and can back your claim with strong evidence. Knowing what counts as evidence to contest a will can help you determine if taking legal action is the right move. 

Legal Grounds for Contesting a Will

You can’t challenge a will simply because you disagree with its contents. Texas law, specifically the Texas Estates Code, sets strict guidelines for when a will can be contested in probate court. You must have legal standing and establish one or more valid grounds to move forward. The most common reasons include:

• Lack of testamentary capacity: The testator (the person who created the will) must have understood the nature of the document, the extent of their property, and who their beneficiaries were when they signed the will. If they lacked this mental capacity, the will may be invalid.
• Undue influence: If someone pressured or manipulated the testator into making changes that do not reflect their true intentions, the will can be challenged.
• Forgery or fraud: A will that includes forged signatures or was created through deceptive tactics may not hold up in court.
• Failure to meet legal requirements: Wills must follow Texas law regarding formatting, signatures, and witness presence.
• Revocation or multiple wills: A newer will or evidence of revocation may override a previous version.

Each ground demands different supporting evidence, so understanding the basis for your claim is essential. 

Types of Evidence Used to Contest a Will

You must present strong, specific documentation to succeed in a will contest. Here are some of the most effective types of probate court challenge evidence:

Medical and Mental Health Records

If you are claiming the testator lacked mental competence, medical records or a diagnosis of dementia, Alzheimer’s, or similar cognitive impairments can serve as strong supporting evidence for your case. 

Witness Testimony

Relatives, friends, doctors, caregivers, or attorneys can share what they saw or heard about the testator’s mental state or anything that seemed off. They might discuss pressure from someone or changes in behavior leading up to the signing of the will. 

Expert Opinions

Experts like psychiatrists or handwriting analysts can review the will and supporting documents. Their analysis may uncover signs of undue influence, potential forgery, or inconsistencies between multiple versions that raise questions about the will’s validity. 

Communication Records

Emails, texts, voicemails, or handwritten notes can help show what the testator really wanted or point to signs of pressure, manipulation, or shady behavior by others during the estate planning process. 

The Will’s Physical and Legal Form

A valid will in Texas must meet certain legal requirements. When it comes to a handwritten will, also known as a “holographic will,” the court will closely examine whether the entire document was written by the testator, signed, and dated. If a will lacks witness signatures, it could also be questioned or challenged during probate. 

Documentation of Conflicting Wills

If your loved one left more than one will, you must provide copies along with clear evidence of when and how each was created. This can support a multiple wills estate conflict argument. The more detailed and concrete your documentation, the more seriously a judge is likely to consider your claim.

Together, these forms of evidence help build a clear, persuasive case that challenges the validity of the will in question. 

When and Where to Contest a Will in Texas

You must file your will contest in the probate court where the will was submitted. In Texas, the deadline is usually two years from the date the will was admitted to probate. Cases involving fraud or forgery may have shorter deadlines, so it’s important to act quickly.

Contesting a will can delay probate, raise costs, and strain family relationships. An experienced probate litigation attorney can help you navigate the process and protect your interests. 

Speak with a Texas Probate Litigation Attorney

If you believe a will is invalid, do not wait. Contact Staubus, Blankenship, Legere and Walker PLLC today at (214) 833-0100 or contact us online to schedule a confidential consultation with one of our will contest litigation lawyers. Their Dallas-based team can help you gather estate dispute documentation, build a case around suspicious circumstances in the will, and represent your interests in probate court.