Will Litigation in Southlake

Contesting or Defending a Will in Tarrant County

A will contest is the legal process of challenging the validity of a decedent’s last will and testament in probate court, asking a judge to rule that all or part of the document is invalid. These disputes arise at an already difficult time for families, and the legal stakes are high. Our attorneys at Justice Law Firm, PC handle will litigation for Southlake residents and families in the surrounding area, bringing the same courtroom experience we apply in trust litigation to the specific demands of contested estate matters.

If you’re facing a potential will dispute in Southlake or Keller, contact Justice Law Firm, PC at (817) 477-6756 or reach us through the site’s contact form to schedule a consultation.

Grounds for Contesting a Will in Texas

Texas courts presume a will is valid. The burden of proof falls on the person challenging it, and a court won’t set aside a will simply because an heir is unhappy with the outcome. A contest must rest on one of the recognized legal grounds.

Lack of Testamentary Capacity
Testamentary capacity means the testator understood what property they owned, who their family members were, and that they were signing a document to distribute their assets at death. When cognitive decline, dementia, or mental illness prevented that understanding at the time of signing, the will may be vulnerable to challenge.

Undue Influence
To succeed on this ground, a contestant must show that influence was exerted over the testator, that it overpowered the testator’s free will at the moment of execution, and that the testator wouldn’t have signed the document but for that influence. The evidence standard is demanding, but patterns of isolation, dependency, and last-minute changes to the will’s terms can support the claim.

Improper Execution
Under the Texas Estates Code, a will must be in writing, signed by the testator (or by someone at the testator’s direction in their presence), and attested by at least two credible witnesses who are at least 14 years of age. Failure to satisfy these requirements can provide a basis for a challenge. A beneficiary isn’t automatically barred from serving as a witness, but Texas law voids that witness’s own bequest unless the will’s execution is corroborated by a disinterested witness. It’s one reason careful drafting avoids using beneficiaries as witnesses.

Fraud & Forgery
If the testator was deceived into signing a document, or if the signature itself was forged, the will can be contested on grounds of fraud or forgery. Texas law also gives these cases a separate discovery-based deadline, discussed below.

Who Can File a Will Contest

Only an “interested person” has legal standing to contest a will in Texas. That generally means a family member, a named beneficiary, a creditor, or anyone else whose rights or property are directly affected by the will’s terms. A challenge can be brought either before the will is admitted to probate, through a caveat proceeding that asks the court to review validity first, or after admission, through a lawsuit against the executor or personal representative.

If a court finds a will invalid, the estate’s assets are distributed as though the testator died without a will, under Texas intestate succession rules, unless a valid prior will is offered for probate in its place.

Texas Deadlines for Will Contests

These timelines are strict, and missing them can permanently bar a claim. Under Texas Estates Code Section 256.204, an interested person generally has two years from the date the will was admitted to probate to file a contest. Separately, Texas Estates Code Section 256.003 requires a will to be filed for probate within four years of the decedent’s death.

Two exceptions are worth knowing. A contest grounded in forgery or fraud may be filed within two years of the date the fraud was discovered, even if that falls beyond the standard two-year window. And the deadline doesn’t begin running against a minor beneficiary until they reach age 18. It’s similarly tolled for an interested person who was legally incapacitated when probate began. Because these rules interact in ways that depend on specific facts, early legal guidance can matter once a dispute surfaces.

No-Contest Clauses in Texas Wills

Some wills include a no-contest clause, also called an in terrorem clause, which attempts to disinherit any beneficiary who challenges the document’s validity. Texas courts do enforce these provisions in some circumstances, but not all. Under Texas Estates Code Section 254.005, a no-contest clause can’t be enforced against a person who brings a contest with just cause and in good faith. If a beneficiary had reasonable, evidence-based grounds to believe the will was invalid, they may not lose their inheritance simply because the contest ultimately fails.

Will Disputes in the Tarrant County Probate Courts

Will contests involving Southlake estates are heard in the Tarrant County Probate Courts, statutory probate courts whose judges are elected countywide. These courts probate wills, supervise estate administration, oversee trust matters, and hear lawsuits incident to an estate, including breach of fiduciary duty claims against executors and trustees. Familiarity with how these courts operate matters when a dispute moves from initial filing to contested hearing.

How We Approach Will Contest Matters

Will litigation sits at the intersection of legal procedure and family conflict. These cases can be costly and emotionally draining, which is why we work to help clients understand their position clearly before committing to a contested proceeding. Our attorneys represent clients in both trust litigation and will contests, and we carry that experience into every estate dispute we handle.

We combine the resources of a larger firm with the individualized attention a smaller practice provides. Throughout the process, we maintain open communication so you know where things stand and what decisions lie ahead. Estate disputes involving family members require both legal precision and a compassionate approach, and we bring both.

Talk to a Will Contest Attorney in Southlake

If you have concerns about a will’s validity or need to defend an estate against a challenge, don’t wait. Texas deadlines are strict, and a missed filing date can permanently affect an otherwise valid claim.

Contact Justice Law Firm, PC at (817) 477-6756 or use the site’s contact form to schedule a consultation with one of our attorneys.