A will allows you to appoint an executor/executrix to administer your estate after your death and direct the distribution of your estate assets. However, various circumstances can undermine the validity of a will under Texas law, allowing a court to reject the will in favor of an earlier will or state intestacy law. But what makes a will invalid in Texas?
Lack of Testamentary Capacity
A Texas court may invalidate a will if it finds that the person who wrote the will lacked testamentary capacity when they wrote it. Testamentary capacity involves having mental competence to create a will, including understanding the nature and consequences of making a will, the extent of their property, and the identities of the parties to whom they wish to leave their property. Interested parties may raise questions about a decedent’s testamentary capacity if the decedent had dementia or other degenerative cognitive conditions, or engaged in heavy alcohol or drug abuse.
Undue Influence or Coercion
Interested parties may also seek to invalidate a decedent’s will by arguing that the decedent created the will while under undue influence or coercion. Undue influence occurs when a person uses a position of trust or fiduciary capacity to induce a person into making estate planning decisions in their will they otherwise wouldn’t absent the undue influence of; the person exerting undue influence usually convinces the victim into changing their will to benefit the influencer or third parties who in turn will help the influencer. Coercion usually involves more overt pressure to induce a person into making decisions in their will they otherwise wouldn’t.
Common signs of undue influence or coercion include:
- Suspicious timing of changes to a person’s will
- New “friends” entering the person’s life
- A person removes family from their will in favor of a new “friend” or alleged romantic partner
- A suspected influencer isolates the victim from their family and friends
- The person develops a dependence on the influencer
When a Texas court determines that a will or a portion of a will (such as a portion changed by a codicil) resulted from undue influence or coercion, it may invalidate the challenged portion or the entire will.
Failure to Meet Statutory Requirements
A court may reject a will because it failed to meet all the requirements under Texas law for executing a will. These requirements include:
- The person who executed the will was 18 or older, married, or a member of the U.S. Armed Forces, an auxiliary of the U.S. Armed Forces, or a member of the U.S. Maritime Service
- The will was in writing
- The will was signed by the person who executed the will or another individual on that person’s behalf in the person’s presence and at their direction
- The will was attested by two or more credible witnesses aged 14 or older who signed the will in the presence of the person who executed the will
Alternatively, a Texas court will accept a will without witness signatures if the person who created the will wrote it entirely in their handwriting.
Fraud or Forgery
Courts will reject wills proven to be fraudulent (i.e., never written by the decedent) or to possess a forged signature of the decedent or a witness.
Revocation
Finally, a decedent can invalidate their will by revoking it. A person may revoke a will by creating a new will that explicitly revokes the prior will, executing a codicil that expressly revokes the will, or destroying or defacing the will with the intent to revoke it.
Contact an Estate Planning Lawyer Today
An experienced estate planning attorney can help you draft an enforceable will that ensures your loved ones will fulfill your wishes and objectives. Contact Carroll Law Group, PLLC, today for a confidential consultation to learn more about the requirements for making a will in Texas.