What is a Will contest?
A Will contest, as the name suggests, is a formal legal action that contests a Will’s validity. If a Will is found invalid, the dictates of that Will no longer govern the property distribution plans desired by the Testator (the “Testator” is the individual to whom the Will belonged). As a result, the Testator’s property must be distributed by various other means. For example, a private agreement among heirs, the Texas rules of “descent and distribution,” or the discovery of a different Will can instead manage the distribution of the Testator’s property.
Although quite brief, the above summary likely stimulated several questions.
Why would someone bring a Will contest? And who can do so?
How is it that a Will can be deemed invalid? How can I ensure that my own Will is valid?
What actually happens during a Will contest?
We’ll explore those questions and others as part of this series of educational articles about Will contests. You’ll find links to those articles to the left.