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What if someone objects to the will?
If someone files an objection to the Will in probate court or produces another Will, then what is known as a "Will contest" will begin. While few people ever actually win a Will contest, these contests can be extraordinarily costly and create incredible delays.
Not just anyone can contest a Will, however. A person must have what is called standing to challenge a Will. This means the person must have some legal interest. If that person would have inherited under the state law if there had been no Will, if the person was named in the Will but didn’t receive what he or she expected, if the person was named in a different Will that he or she claims is the real one, or if the person claims that he or she was promised something in the Will but didn’t receive it, then that person could challenge the Will. For example, a family member who is left out of a Will or given less than others can challenge it. Say a child who was cut out of the Will by an angry parent, or even by a kindly parent who felt that the local charity, not his children, should get his assets, that child would have standing to bring a "Will contest." Or if a Will gives one sibling 2/3rds of a parent's estate and the other 1/3rd, the one receiving less has standing to bring a Will contest. Similarly, if a later Will is less favorable to someone than an earlier Will, or no Will at all, that person has standing. Someone who arranged to care for the deceased in exchange for an inheritance, and who did care for the person, but was left nothing, could challenge the Will. A Will contest sometimes is also launched to have a different person or bank or trust company serve as Personal Representative for the estate, or as a trustee of Trusts created by the Will.
But Wills can’t be challenged just because they seem unfair. The deceased has a right to dispose of his or her property in any way that’s legal. For example, if you feel your recently deceased next-door neighbor's out of state children are awful people who didn't give her proper respect and they do not deserve to get anything, that doesn’t give you any right to challenge the Will. |
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What is the Texas probate system like?
Texas Wills, Living Wills & Living Trusts: An Estate Planning Guide
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