The Woodlands, TX estates & probate attorney James H. Stilwell discusses the four most common challenges to the validity of a will. He explains that when clients raise concerns about the validity of a will, there are several common challenges that arise. The first is whether the will meets all statutory requirements under Texas law. In Texas, there are both holographic (handwritten) and typed wills, each subject to distinct rules, and he emphasizes the importance of verifying that a will complies with these statutory standards to be considered valid.

The second area of concern is the testator’s capacity. Questions may arise regarding whether the individual had the mental ability to execute a will. In Texas, a four-part test is applied to determine whether the testator possessed the necessary capacity at the time the will was made.

A third common challenge involves undue influence. This occurs when the testator may have been coerced or manipulated by a family member, friend, or caretaker into signing a will they would not have otherwise executed. Factors such as duress, poor health, or misunderstanding of the document can play a role in these claims.

Finally, he notes that disputes sometimes arise outside of the will itself, particularly regarding beneficiary designations on bank accounts, retirement accounts, or life insurance policies. These issues can include forgery or documents signed by individuals who lacked proper authority to act on behalf of the asset owner.