Houston Will Contest Lawyer

When a person passes away, he or she may leave behind a will that dictates the distribution of his or her property. Under Texas law, these documents must meet stringent requirements to be legally valid. As a result, some family members may question a will and raise disputes during the probate process.

In these situations, the Houston will contest lawyers at Marrs, Ellis & Hodge, LLP can help. Our estate litigation attorneys understand the will dispute process and will fight diligently for your family’s best interests in Texas probate court.

Why Choose Us

  • For years, our Texas will contest attorneys have helped Texas residents resolve high-stakes and complex will disputes. We have the skills, experience, and resources necessary to resolve your claim.
  • We have a strong track record of successful cases. Our lawyers hold numerous awards and distinctions, including a preeminent AV rating from Martindale-Hubbell and a Super Lawyer designation from Thomson Reuters.
  • Will contests can be a highly emotional and complex process. Our firm will handle all aspects of your claim on your behalf, guiding you through each stage of the litigation process and helping your family come to a resolution.

Testamentary Capacity and Texas Wills

To qualify as a legally valid document, the person creating the will must have testamentary capacity at the time of writing. Additionally, the person creating the will must have testamentary intent, meaning that he or she intends to create a document that dictates property distribution after death. 

A person has testamentary capacity if he or she has the mental ability to understand the following facts.

  • The effect of creating a will
  • The fact that he or she is creating a will
  • The nature and extent of his or her property
  • The fact that he or she is disposing of assets
  • The people who will naturally receive these assets
  • How all of these elements come together 

Many will disputes involve the lack of testamentary capacity or testamentary intent. Some family members may believe that another person unduly influenced the deceased into creating the will. Others may believe that the deceased did not have the mental capacity to create a will in the first place.