Texas Will Contest and Undue Influence Lawyer Jason Coomer represents heirs, family members, and beneficiaries that have been wrongfully left out of a Will. He handles Texas contested Will law suits in Travis County, Williamson County, Bexar County, and Hays County as well as works with other Texas contested Will lawyers across Texas including Dallas County, Harris County, Fort Bend County, and Tarrant County.
For questions on a Will contest, preventing a Will contest, or fighting a Will Contest, please e-mail Texas Will Contest Attorney Jason S. Coomer at TexasWillContestLawyer@texaslawyers.com or use our contact form to submit an inquiry regarding a Will Contest. Texas Will Contest Lawyer, Jason Coomer draft Wills and Trusts to protect the wishes and best interests of his clients, but also contests Wills or fights Will contests to protect right beneficiaries and heirs.
Under Texas Law There is a Three Element Test For Determining If A Will or other Testamentary Document Was Created Through Undue Influence
Under Texas Probate Law, the legal test to prove a Will Contest based on undue influence includes three elements including:
the existence and exertion of an influence;
the effective operation of such influence so as to subvert or overpower the mind of the testator at the time of the execution of the Will or testament; and
the execution of a Will or testament which the maker thereof would not have executed but for such influence.
The influence must over power the free will of the testator (person making the Will) and the Will must express the wishes of the person exerting the influence contrary to the wishes of the testator.
Merely showing that a person had an opportunity to exercise influence on a testator, that the testator was susceptible to influence, or the existence of an unnatural disposition are not sufficient to establish undue influence to invalidate a Will.
Texas Undue Influence Burden of Proof and Factors to Consider
Texas law puts the burden of proof for an undue influence Will contest on the persons contesting the Will. It is often a difficult burden to prove.
The Court will consider the following factors in determining if undue influence has occurred in the execution of a Will:
the circumstances regarding the execution of the Will;
the relationship between the Testator (person making the Will) and beneficaries;
the motive, character, and conduct of those who benefit under the Will;
participation, words, and acts of all parties attending the execution of the Will;
the physical and mental condition of the Testator at the time of the execution;
the age, weakness, infirmity, and dependency on or subjection to the control of the beneficiary; and
the improvidence of
the transaction by reason of unjust, unreasonable, or
Time to Contest a Will Under Texas Law
Probate Code gives interested persons two years after a Will has been admitted to probate to institute a suit to contest a Will. There are two exceptions to this rule that can extend this statute of limitations beyond two years. These exceptions include 1) contests based upon forgery or fraud or 2) contests brought on behalf of an incapacitated person (such as a minor) who recovers capacity.
What is a Will Contest?
A Will Contest occurs when there is something wrong with a Will. In some instances the Testator did not have actual "testamentary capacity" or "testamentary intent" to draft a proper Will. In such a situation the Will is not valid and interested parties including a beneficiary or heir that was disinherited or lost inheritance through the invalid Will can contest the Will as being invalid. For more information on Will Contests for to our web page on Texas Will Contest Lawsuits.
Texas Will Contest Lawyers
Texas Will Contest Lawyer, Jason Coomer handles handles contested Wills in Travis County, Williamson County, Bexar County, and Hays County as well as works with other Texas probate lawyers across Texas including Dallas County, Harris County, Fort Bend County, and Tarrant County works to draft Wills and Trusts to protect the wishes and best interests of his clients. He works with Houston Probate Lawyers, Dallas Probate Lawyers, and several other Texas Probate Lawyer. For questions on Texas Will Contests, please e-mail Austin Texas Will Contest Attorney Jason S. Coomer at TexasWillContestLawyer@texaslawyers.com or use our contact submission form.
The Law Offices of Jason S.
406 Sterzing, Second Floor
Austin, Texas 78704