Anderson Clements
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Anderson Clements
Cory Clements and Ashton Anderson

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Contesting A Will In Texas

Contesting or challenging a will in Texas can be complicated and controversial. But our estate planning attorneys at AndersonClements, PLLC, in Abilene, are also tough litigators. If you need a will contest attorney, our experienced lawyers will aggressively advocate for your best interests and to ensure that your legal rights are protected.

Legal Grounds For Challenging A Will

In the state of Texas, beneficiaries or heirs who are named in the will are entitled to receive a copy of the decedent’s will during the probate process. Any heir or potential heir can challenge a will if they believe that some sort of error or wrongdoing occurred, such as:

  • The decedent lacked the legal capacity to sign the will when they changed it.
  • The decedent was unduly influenced or manipulated into changing their will.
  • The decedent was deceived or forced into signing the will.
  • The will was not properly signed or executed.

If a will is successfully contested, it could be deemed to be invalid. If the decedent or testator had a previous will, the court may decide to revert to the previous will. If the previous will was not valid, the court may apply the rules of intestate succession.

What Is A No Contest Clause?

A no-contest clause is a legal tactic that is used to discourage heirs from contesting the will. Essentially, a no-contest clause in a will states that if an heir contests or challenges the will, they will give up their right to inherit anything from the will. A no-contest clause is designed to protect the decedent’s wishes and discourage family conflicts and disputes. However, even with a no-contest clause, a will can still be challenged successfully. If a will is contested in good faith, the no-contest clause may not be enforced by the courts.

Our aggressive litigators understand the estate planning and probate laws in Texas, and they have successfully challenged wills as well as successfully defended challenges to wills in probate court.

Schedule A Consultation With A Will Contest Attorney

At AndersonClements, PLLC, we offer a consultations and case evaluations in order to give you a chance to discuss your legal situation. After hearing the facts of your story, we will have a better idea of how we can help you with your specific case. You can schedule time with us call us at 325-899-3638 or by sending an email through our website.