The Woodlands, TX estates & probate attorney James H. Stilwell discusses the four most common challenges to the validity of a will. When individuals express concerns regarding the validity of a specific will, the types of challenges observed encompass several aspects. Firstly, there is an assessment of whether the will conforms to all the stipulated requirements outlined in Texas statutes, depending on its preparation method. In Texas, two primary types of wills exist: holographic handwritten wills and typed wills, each subject to distinct prerequisites. Consequently, meticulous scrutiny is often undertaken to confirm compliance with statutory prerequisites for the will’s validity.

Secondly, an evaluation is conducted to ascertain whether the individual possessed the requisite mental capacity to execute the will. In Texas, a comprehensive four-part examination is employed to determine whether the person had the necessary mental competence to create a valid will.

A third category of challenges pertains to potential undue influence on the individual making the will, typically exerted by family members, friends, or caregivers. This challenge revolves around whether the individual signed the document under coercion, duress, poor health, lack of understanding of the content, or other influencing factors introduced by external parties.

The final issue encountered extends beyond the scope of wills and delves into beneficiary designations found on bank accounts, retirement accounts, or life insurance policies. In some instances, the challenges involve the detection of forgeries or the presence of documents signed by unauthorized individuals instead of the actual asset owners.