Will Contests and Tampering

A will contest challenges the validity of a deceased person’s will based on legal grounds that question whether the document truly represents their final wishes, with tampering representing one of the most serious threats to estate integrity.

Will contests serve an important purpose in probate law by ensuring that only genuine testamentary documents receive legal recognition. When evidence suggests that a will was tampered with, forged, or executed under circumstances that compromise its validity, legal action becomes necessary to protect the true intentions of the deceased and the rights of legitimate beneficiaries.

Grounds for Contesting a Will

• Lack of Testamentary Capacity: To have testamentary capacity, a person must be able to understand what assets they have and who their family members and close friends are, and the person must also be able to identify the people or charities to whom she wishes to leave her property. The test for whether someone has sufficient testamentary capacity to execute a valid will or trust must be met.
• Undue Influence: Undue influence generally means that an individual coerced a testator into including provisions in their will that benefited that individual and did not reflect the testator’s true desires. California’s Welfare and Institutions Code defines undue influence as “excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity”.
• Fraud and Forgery: In the context of will making, ‘fraud’ occurs when deception, misrepresentation, or dishonesty is deliberately used for personal gain or damage to another individual. This includes forged signatures, altered documents, or situations where the testator was deceived about what they were signing.
• Improper Execution: A valid will in in Texas must meet the following legal requirements: The testator must have testamentary capacity and testamentary intent. The will must be in writing (except in very limited cases for nuncupative wills), and it must be signed by the testator or by another person at the testator’s direction and in the testator’s presence. For an attested will, at least two credible witnesses over the age of 14 must sign in the presence of the testator. Alternatively, a holographic will may be valid if it is entirely in the testator’s handwriting and signed by the testator. A self-proving affidavit is not required but is commonly used to simplify probate.
• Duress: Unlike undue influence, which is unfair persuasion, duress is an improper threat imposed on the testator to create a will or certain terms in a will.

Will Tampering: Forms and Evidence

Will tampering can take various forms, from subtle alterations to complete document forgery. Common tampering methods include altering beneficiary names, changing asset distributions, adding or removing pages, forging signatures, or creating entirely fraudulent documents.

Evidence of tampering may include inconsistent handwriting, different ink or paper types, suspicious witness signatures, alterations that benefit specific individuals, or documents that contradict the testator’s known intentions or prior estate planning.

• Physical Evidence: Document examination can reveal alterations, erasures, or additions not made by the original testator. Professional handwriting analysis and forensic document examination often play crucial roles in proving tampering.
• Circumstantial Evidence: Usually, an individual contesting a will (sometimes called a “contestant”) for undue influence will rely heavily on circumstantial rather than direct evidence because undue influence often happens behind closed doors. The same principle applies to tampering cases.
• Witness Testimony: People who knew the testator can testify about their intentions, mental state, and statements about their estate plans that contradict the contested will.

The Burden of Proof in Will Contests

In Texas, the proponent of a will bears the initial burden to show that the instrument was duly executed with testamentary intent and capacity. Once admitted to probate, or if the will contains a valid self-proving affidavit, the will is presumed valid. At that point, the burden shifts to the contestant to prove, by a preponderance of the evidence, that the will is invalid due to lack of capacity, undue influence, fraud, or other recognized grounds. If a contestant establishes that a will, or any portion of it, is the product of undue influence, that will or portion will be set aside and not enforced.

Time Limitations for Will Contests

In Texas, an interested person must file a will contest within two years of the date the will is admitted to probate. This limitations period is strictly enforced. There is a narrow statutory exception: a contest based on forgery or fraud may be filed within two years of the date the forgery or fraud was discovered. However, Texas courts have held that parties have a duty to review probate filings, which are public records, and the discovery rule does not generally extend the limitations period. As a result, a contestant may not be able to avoid the two-year bar by claiming ignorance of matters that could have been discovered through the probate file. This makes the timing critical in Texas probate cases.

Emergency Relief for Suspected Tampering

When will tampering is suspected, immediate action may be necessary to prevent further harm to the estate. We can seek emergency court orders to freeze asset sales, preserve evidence, and prevent distribution of estate property until the validity questions are resolved.

• Temporary Restraining Orders: Courts can halt estate administration when serious validity questions exist.
• Asset Preservation: We work to ensure that estate property isn’t dissipated while litigation is pending.
• Evidence Protection: Securing the original will and related documents prevents further tampering or destruction of evidence.

Building a Strong Contest Case

Successful will contests require thorough investigation, expert testimony, and strategic presentation of evidence. Our approach includes reviewing all available estate planning documents, interviewing witnesses, consulting with handwriting experts when appropriate, and developing a comprehensive legal strategy.

• Document Analysis: We examine the contested will alongside other estate planning documents to identify inconsistencies or suspicious alterations.
• Expert Witnesses: Handwriting analysts, medical professionals, and other experts may be necessary to prove tampering or incapacity.
• Witness Interviews: We locate and interview people who knew the testator to gather testimony about their intentions and mental state.

Consequences of Successful Will Contests

When a will contest succeeds, the court may declare the entire will invalid or only specific provisions. Successfully contesting a will can result in invalidating the entire will or specific provisions. If the entire will is invalidated, the estate may be distributed according to a prior valid will or state intestacy laws.

Why Professional Legal Representation Is Essential

These cases are governed by specific procedural and evidentiary rules, so consult a qualified probate litigator. Will contests involve complex legal standards, strict deadlines, and substantial evidence requirements that make professional representation essential.

Our firm has extensive experience identifying signs of will tampering, gathering the evidence needed to prove invalidity, and successfully challenging questionable testamentary documents in probate court.

If you suspect that a will has been tampered with or was executed under suspicious circumstances, contact us immediately to discuss your options and protect your interests before valuable time passes.