The 3 Most Common Reasons Estate Plans Are Contested
Creating an estate plan gives you the opportunity to decide how your assets will be managed, who will receive them, and who will make important decisions on your behalf if you're unable to do so. Most people expect their loved ones to honor those wishes.
Unfortunately, that doesn't always happen.
In some cases, family members or other interested parties challenge a will or trust in probate court. While not every disagreement leads to litigation, there are certain legal grounds that may allow an estate plan to be contested.
Understanding these common challenges can help you create a stronger estate plan and reduce the likelihood of future disputes.
1. Questions About Mental Capacity
One of the most common reasons an estate plan is challenged is a claim that the person creating it lacked the mental capacity to do so.
To create a valid will or trust, a person generally must understand:
The nature of the document they are signing
The assets they own
Who their beneficiaries are
How they want their property distributed
As people age, illnesses such as Alzheimer's disease, dementia, or certain mental health conditions may raise questions about whether they fully understood their decisions at the time the documents were executed.
Simply having a medical diagnosis does not automatically invalidate an estate plan. However, if there is credible evidence that someone lacked the legal capacity to understand what they were signing, a court may determine that the documents are invalid.
2. Allegations of Undue Influence
Estate plans should reflect the wishes of the person creating them—not someone else's.
Undue influence occurs when another individual improperly pressures, manipulates, or coerces someone into changing their estate plan for that person's benefit.
Examples may include:
A caregiver isolating an elderly individual from family
A relative pressuring someone to change beneficiaries
Someone using fear, dependency, or manipulation to influence decisions
These claims often arise when a new estate plan significantly changes previous inheritance arrangements or unexpectedly favors one individual over others.
Because undue influence can be difficult to prove, courts typically evaluate the surrounding circumstances, relationships, and available evidence before making a determination.
3. Failure to Meet Legal Requirements
Every state has specific legal requirements for creating a valid will.
In Texas, a will generally must comply with certain execution requirements, such as being properly signed and, in many cases, witnessed.
An estate plan may be challenged if someone believes:
Required signatures are missing
Witness requirements were not followed
The document was improperly executed
The document does not comply with Texas law
Following proper legal procedures helps reduce the likelihood of a successful challenge later.
What About Fraud?
Although less common, allegations of fraud can also lead to estate litigation.
Examples might include situations where someone claims:
A signature was forged
Documents were altered after signing
The person signing was intentionally deceived about what they were signing
Anyone challenging an estate plan generally has the burden of presenting evidence to support these claims.
How to Reduce the Risk of Estate Disputes
While no estate plan can completely eliminate the possibility of a challenge, careful planning can significantly reduce the risk.
Working with an experienced estate planning attorney can help ensure your documents are:
Properly drafted
Legally executed
Regularly updated
Tailored to your specific goals
Consistent with current Texas law
Open communication with family members, when appropriate, can also help minimize misunderstandings and future conflicts.
Keep Your Estate Plan Current
Many estate disputes arise because documents are outdated.
Major life events such as marriage, divorce, the birth of children or grandchildren, starting a business, or acquiring significant assets may all warrant reviewing your estate plan.
👉 Related Reading:When Should You Update Your Will?
A Comprehensive Estate Plan Provides More Than a Will
A strong estate plan often includes more than a last will and testament.
Depending on your goals, it may also include:
Revocable Living Trusts
Irrevocable Trusts
Durable Powers of Attorney
Medical Powers of Attorney
Advance Directives
Beneficiary Designations
Using the right combination of legal documents can help protect your wishes while reducing the likelihood of probate disputes.
👉 Related Reading: Do I Have to Be Rich to Create a Trust?
👉 Related Reading:What Is an Irrevocable Trust?
Protect Your Wishes—and Your Family
Estate planning isn't just about deciding who receives your assets. It's about creating a clear, legally sound plan that helps reduce confusion, minimize conflict, and protect the people you love.
At Hyde Legal Group, we help individuals and families throughout Texas create estate plans designed to reflect their wishes while providing peace of mind for the future.
Whether you're creating your first estate plan or reviewing an existing one, we're here to help you make informed decisions that protect your legacy.
Schedule a consultation today to discuss your estate planning goals.
