A will is the final expression of a person's wishes for how their life's work will be distributed after death. But a will is only as valid as the circumstances under which it was created. When there are serious questions about whether the testator truly had the mental capacity to make a will, whether they were manipulated or pressured into signing, or whether the will was improperly executed, Texas law gives interested persons the right to challenge the will through a formal court proceeding.
Will contests are among the most complex and emotionally charged matters in probate law. They require a careful investigation of the testator's medical history, cognitive state, relationships, and the circumstances surrounding the will's drafting and execution. They often place family members on opposite sides of a legal dispute at an already difficult time. Ryan Putz brings skill, experience, and sensitivity to both sides of will contest litigation — representing clients who have valid grounds to challenge a will and those who need to defend the integrity of a loved one's final wishes.
Who Has Standing to Contest a Will?
Not everyone can challenge a will in Texas. To have standing to file a will contest, a person must be an interested party — meaning they have a legally recognized interest in the outcome of the proceeding. Standing typically exists for:
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Heirs who would inherit under intestate succession if the will were found invalid
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Beneficiaries under a prior will who believe the later will was procured by improper means
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Beneficiaries under the contested will who receive less than they would under a prior will or intestacy
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Creditors of the estate in some circumstances
Persons who are not interested parties — for example, a neighbor who disapproved of the testator's choices — do not have standing to challenge a will in Texas courts.
Grounds for Contesting a Will in Texas
1. Lack of Testamentary Capacity
Texas Estates Code § 251.001 requires that a testator be of "sound mind" at the time they execute a will. Testamentary capacity requires that the testator understand:
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The nature of making a will and its legal effect
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The nature and extent of their property
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The natural objects of their bounty — that is, who their family members and those they might reasonably be expected to provide for are
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How the will's provisions distribute their property
A diagnosis of dementia, Alzheimer's disease, or other cognitive impairment does not automatically mean the testator lacked testamentary capacity — capacity is assessed at the specific time the will was signed, not based on the person's general medical condition. However, medical records documenting cognitive decline, combined with witness testimony about the testator's condition on or near the execution date, are powerful evidence in a capacity challenge. We work with medical experts and review medical records to build a complete picture of the testator's cognitive state at the relevant time.
2. Undue Influence
Undue influence occurs when another person — often someone in a position of trust and close proximity to the testator — exerts such pressure or control over the testator that the will reflects the influencer's wishes rather than the testator's own free and independent decision. Undue influence claims frequently arise when:
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A caregiver, new spouse, or recently close acquaintance is named to receive a disproportionate share of the estate
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The testator became isolated from family members shortly before the will was executed
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The beneficiary was present during meetings with the attorney who drafted the will
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The testator's health, mental frailty, or dependency on the influencer made them susceptible to pressure
Undue influence is rarely proved by direct evidence — it is most often established through circumstantial evidence showing opportunity, motive, and susceptibility. We investigate the testator's personal relationships, living circumstances, and the history leading up to the will's execution to identify the markers of undue influence.
3. Fraud
A will procured through fraud — whether by misrepresenting facts to the testator, deceiving the testator about the nature of the document they were signing, or forging the testator's signature — is subject to challenge. Fraud in the procurement of a will goes to the heart of the testator's intent: if the testator was deceived, the resulting document does not reflect their true wishes.
4. Improper Execution
Texas law establishes specific formality requirements for a valid will. An attested will must be signed by the testator and witnessed by two credible witnesses who sign in the testator's presence (Texas Estates Code § 251.051). A holographic will must be entirely in the testator's own handwriting and signed by the testator, but requires no witnesses (§ 251.052). A will that does not meet these execution requirements is void, regardless of the testator's intent. Execution defects are typically established through the testimony of the witnesses, the attorney who drafted the will, and a review of the will's execution ceremony.
5. Revocation
A testator may revoke a prior will by executing a new will that expressly revokes it, by physical act (tearing, burning, or canceling the original), or by other written declaration. If a probated will was in fact revoked before death — for example, a later will was executed that the family was not aware of — the revocation can be raised as a ground for challenge. Revocation claims require tracing the testator's estate planning history and locating any potentially superseding documents.
6. Duress
A will signed under duress — where the testator was threatened or coerced into signing — is not the product of free will and may be challenged on that basis. Duress claims often overlap with undue influence and may arise in situations involving domestic abuse, financial exploitation of the elderly, or similar patterns of coercive control.
The Will Contest Process
A will contest in Texas is initiated by filing a formal contest with the probate court before or after the will is admitted to probate. The proceeding is adversarial — it is a civil lawsuit that is litigated in the probate court, with both sides presenting evidence, taking depositions, and arguing their position at trial or in a contested hearing.
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Key stages of a will contest include:
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Investigation
Before filing, we review the will, investigate the testator's medical history, interview potential witnesses, obtain the drafting attorney's file, and assess the strength of the available grounds for contest.
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Filing the Contest
A formal pleading is filed contesting the admission of the will to probate or challenging a will already admitted. The contest sets out the specific grounds being asserted.
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Discovery
Both sides exchange documents and take depositions. Key discovery includes medical records, the drafting attorney's notes and communications, financial records showing recent asset transfers, and testimony from witnesses present during the will's execution.
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Mediation
Texas courts routinely require or encourage mediation before trial. Many will contests resolve through negotiated settlement at mediation, which allows the family to reach a resolution without the cost and uncertainty of trial.
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Trial
If the case does not settle, it proceeds to trial before the probate judge (or a jury if either party requests one). Both sides present evidence and argument, and the court or jury decides whether the will is valid.
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Appeal
An adverse ruling may be appealed. Will contest appeals are handled by the Texas Courts of Appeals and, in some cases, the Texas Supreme Court.
In Terrorem (No-Contest) Clauses
Many wills include a "no-contest" or "in terrorem" clause — a provision stating that any beneficiary who contests the will forfeits their inheritance under that will. In terrorem clauses are valid and enforceable in Texas under Texas Estates Code § 254.005, but with an important limitation: a beneficiary who contests a will in good faith and based on probable cause will not be penalized under the no-contest clause, even if they lose.
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The practical effect of an in terrorem clause is to create a strategic calculation for a potential contestant who is already a beneficiary: is the expected gain from winning the contest worth the risk of forfeiting the existing bequest? We help clients evaluate this calculation honestly before deciding whether to proceed with a challenge.
Why Choose the Law Office of Ryan Putz for Will Contest Litigation?
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Skilled representation of both challengers and defenders in Texas will contest proceedings
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Thorough pre-litigation investigation to assess the strength of capacity, undue influence, and other grounds
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Experience with medical evidence, expert witnesses, and the financial discovery required in complex contests
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Familiarity with Walker County and Montgomery County probate court procedures
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Strategic guidance on whether to pursue litigation or negotiate a resolution
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Candid assessment of the risks posed by in terrorem clauses for beneficiary-contestants
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Representation through trial, and appellate experience if an adverse ruling must be challenged
Serving Walker County from our Huntsville office and Montgomery County from our satellite office in The Woodlands.