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Fiduciary Litigation » Will Contests

One of the most common areas of fiduciary litigation is the will contest. A valid will in Texas is one which is signed by an adult who meets certain requirements of competence, termed “testamentary capacity.” It must also be signed by that person, called a testator, with all the required formalities the law requires.

When a will is filed for probate (or even after it has been probated) any person with an interest in the estate may contest the will’s validity. The most common grounds are improper execution, lack of testamentary capacity, forgery, undue influence, fraud and duress.

IGJ represents parties on both “sides” of will contests, meaning clients who seek to uphold a will and clients who seek to have a will declared invalid.