Contesting a Will in Texas: Capacity, Undue Influence, and the Truth About No-Contest Clauses

Not every will should be probated without a fight, and not every challenge to a will is legitimate. In Texas, a will can be contested on grounds such as lack of testamentary capacity, undue influence, fraud, duress, or improper execution. These contests generally must be brought within two years of the date the will is admitted to probate, with narrow exceptions, such as fraud discovered later or a contestant who was a minor or incapacitated.

Many families are frightened off by a “no-contest” (in terrorem) clause threatening to disinherit anyone who challenges the will. Here is what those clauses do not tell you: Texas law does not enforce them against a contest brought in good faith and with just cause. A no-contest clause deters frivolous attacks; it does not immunize a will procured by pressure on a vulnerable parent.

These cases are emotionally hard and evidence-driven: medical records, drafting-attorney files, financial trails, and witness accounts of who was in the room. With my litigation background, I handle will contests on both sides: challenging documents that do not reflect the true wishes of the person who signed, and defending legitimate wills against opportunistic attacks. If you suspect something is wrong, move quickly; the clock and the evidence both favor the diligent.

If you suspect a will does not reflect the true wishes of the person who signed it, or you need to defend one that does, move quickly. Call or text 512.761.8479.