Under Section 93 of the Texas Probate Code, an interested party can legally dispute the validity of a will by filing a formal suit. Under the code, a person only has 2 years to challenge a will. Yes, changes made to a will in the form of a codicil, an amendment to a will, can be challenged. A codicil is a separate legal document that is normally executed sometime after the creation of the original will.
Any will can be challenged if you have valid and valid reasons to challenge it. However, a will may not be worth challenging. For example, some wills include a no challenge clause. A no-contest clause says that if a beneficiary or heir challenges a will and loses, they will not inherit at all.
Basically, the testator has the right to disperse the inheritance according to any whim he desires. To challenge the will, you need a valid reason. You must reasonably prove that the testator lacked the mental capacity to understand what was happening when the current will was signed, when it was pressured to change it, or the will did not comply with state regulations and is therefore not legal. It was not properly signed that the family member did not intend for the document to be his last will and will; the family member was not an adult and was not in his right mind that a copy is being admitted for legalization and the author of the will has not proven that the original was lost and that the will was revoked by a member of his family.
When disputes arise over the validity of the provisions of a will and a will, or the validity of the entire will, the distribution of assets may suffer prolonged delays. Evidence of the testator's mental state at times other than the date of execution of the will may be considered to determine if the testator had testamentary capacity when he signed the will if such evidence shows that a condition affecting testamentary capacity was persistent and was likely present in the time when the executed will was made. Legal heirs are those who would receive less under the last will and will than they would if there were no will. Challenging a will is the process of disputing a person's last will and will, often by presenting evidence as to why it is invalid under state law.
Challenging a will is the process of challenging the validity of a last will after the death of the testator (the person who made the will). In general, the proponent of the will had the burden of proving that the testator had the necessary probate capacity on the day she signed the will. A will and will can only be challenged during the probate process when there is a valid legal question about the document or process under which it was created. They may have different opinions about the mental capacity of the deceased (the person who wrote the last will).
Beneficiaries who would receive less under the alleged will than under a previous will.
