A will contest is a legal proceeding in which an interested party contests the legality of a will. A will may be ruled invalid for several reasons.
It’s essential to consult an attorney as the probate laws, court procedures, and case law associated with probate litigation are complicated, regardless of whether an individual believes a will to be legitimate, needs to defend against a will contest or doubts the validity of the will and considers contesting it.
What determines undue influence?
A will is created under undue influence if someone unfairly dominates, forces, or manipulates the testator to the point where their capacity for free will was revoked. Fear, intimidation, force, subjugation, or duress are examples of factors that could be present when someone exerts undue influence over another person.
Demonstrating undue influence:
Families often feel that their loved one was influenced wrongfully for a plethora of reasons. For instance, if a person was close to their granddaughter, they might have specified in their will that they intended to leave that grandchild a specific amount of money. Nevertheless, once the person passed away, the grandchild might have found that they had been left out of the will and that the assets were given to another relative who managed the financial affairs.
The grandchild may, therefore, assume that the family member who received the inheritance exercised undue influence and compelled the individual to change their will.
Does persuasion count as an undue influence?
Not all instances of persuasion by a beneficiary or another party qualify as undue influence. According to Texas laws, there must be a circumstance in which a party subverted or overwhelmed the testator’s (the person who created the will) mind. Moreover, one also needs to demonstrate that alterations made to the will would not have been there if the party did not exercise influence.
Simple requests to alter a will might be a legitimate influence. However, coercion or threats that prevented the testator from making an informed choice may count as undue influence.
It is best to seek the assistance of a probate litigation attorney if you need to contest a will in San Antonio. Anyone who decides to contest will probably have a lot of conflict with the other heirs. It is crucial to contact a probate attorney, to safeguard your legal rights.