You’re reading your loved one’s will, and something feels deeply wrong. The distributions don’t make sense. They cut out family members they cherished. They leave everything to someone who isolated them in their final months. The signature doesn’t look right, or you know they weren’t mentally capable of making these decisions when the will was supposedly signed.
Your instincts are telling you this will doesn’t reflect their true wishes, but challenging it feels overwhelming and intimidating.
At Strickland Law Firm, we help Houston families contest wills when there’s legitimate evidence of forgery, incapacity, undue influence, or other legal grounds. We understand the courage it takes to challenge a will—and we’ll stand with you to ensure your loved one’s genuine intentions are honored and your rightful inheritance is protected.
You cannot challenge a will simply because you’re unhappy with what you received or believe the distribution is unfair. Texas law requires specific legal grounds for will contests. The most common grounds include forgery or fraud, lack of testamentary capacity, undue influence or coercion, improper execution, and revocation.
Challenge a Will (Forgery) occurs when someone fabricates a signature, creates a fake will, or alters an existing will without the testator’s knowledge or permission. If you suspect the will was forged or fraudulently created, forensic handwriting analysis and witness testimony can prove the document isn’t authentic.
Challenge a Will (Incapacity) addresses situations where the testator lacked mental capacity to understand what they were doing when signing the will. Texas requires testamentary capacity—meaning the person must understand they’re making a will, know the nature and extent of their property, and comprehend the natural objects of their bounty (family members).
Challenge a Will (Coercion or Influence) involves situations where someone manipulated, pressured, or controlled the testator into making a will that doesn’t reflect their true wishes. This often occurs when caregivers, new romantic partners, or family members isolate the person and exploit their vulnerability.
We’ve successfully contested wills that everyone else thought were ironclad—we know what it takes to win. When you work with us, we:
You’ll have a litigation team that doesn’t back down from difficult cases and has the expertise to expose forgery, prove incapacity, or demonstrate undue influence convincingly.
We’ve represented clients in diverse will contest situations. Some involve elderly parents who developed dementia and signed new wills leaving everything to one child who isolated them from other family members. Others include situations where new romantic partners or caregivers suddenly appear in wills after gaining the testator’s trust and controlling their finances.
Forgery cases often involve suspicious signatures that don’t match the testator’s handwriting, wills that suddenly appear after death when no one knew they existed, or alterations made to existing wills without proper execution. Incapacity issues frequently arise with testators suffering from Alzheimer’s, severe dementia, medication interactions, or mental illness who signed wills during periods when they couldn’t understand their actions.
Undue influence cases typically involve isolation of the testator from family, sudden unexplained changes to estate plans that benefit influencers, financial exploitation preceding the new will, and pressure or manipulation during vulnerable periods. These situations require careful evidence gathering and persuasive presentation.
In Texas, the burden of proof depends on which grounds you’re asserting. For Challenge a Will (Forgery) claims, you must prove by preponderance of the evidence that the signature or document is not genuine. For Challenge a Will (Incapacity) cases, you must demonstrate the testator lacked mental capacity at the specific time they signed the will—not just that they had capacity issues generally.
Challenge a Will (Coercion or Influence) claims require proving that undue influence actually occurred and resulted in a will the testator wouldn’t have made otherwise. This is often the most challenging ground because influence must be “undue”—going beyond normal family persuasion to actual coercion or manipulation.
Meeting these burdens requires experienced legal counsel who understands what evidence courts find persuasive and how to present complex medical, psychological, and circumstantial evidence effectively.
If your will contest succeeds, the court invalidates all or part of the contested will. When an entire will is set aside, the estate typically is distributed according to a prior valid will if one exists, or through intestate succession if no earlier will existed. When only specific provisions are invalidated, the remaining valid portions of the will are enforced.
Successful contests restore inheritance rights that were improperly taken, ensure assets go to intended beneficiaries, remove unqualified or unethical executors, and honor your loved one’s genuine wishes. While the litigation process is challenging, the outcome can mean hundreds of thousands or even millions of dollars distributed correctly.
Texas law generally requires will contests to be filed within two years after the will is admitted to probate. Some exceptions exist for fraud or forgery discovered later, but waiting makes your case significantly harder. Witnesses’ memories fade, evidence disappears, and courts become skeptical about delayed challenges.
Additionally, executors may distribute estate assets during the two-year period. While you can sometimes recover improperly distributed assets, it’s much easier to prevent distribution in the first place through timely contest filing. The sooner you consult with experienced counsel, the better your chances of success.
If something isn’t right about your loved one’s will, trust your instincts. You have limited time to act, and early consultation is critical to protecting your rights and building a strong case. Don’t let fear or uncertainty prevent you from challenging a will in Houston that doesn’t reflect your loved one’s genuine wishes.
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Texas law recognizes specific grounds for will contests including forgery or fraud, lack of testamentary capacity, undue influence or coercion, improper execution (not meeting legal formalities), and revocation. Challenge a Will (Forgery) involves proving the signature or document is not genuine. Challenge a Will (Incapacity) requires demonstrating the testator lacked mental capacity to understand they were making a will, the nature of their property, or who their natural heirs were at the time of signing. Challenge a Will (Coercion or Influence) means proving someone manipulated or pressured the testator into creating a will that doesn’t reflect their true intentions. You cannot contest simply because you’re unhappy with your inheritance or think distributions are unfair—you must have legally recognized grounds supported by evidence.
In Texas, you generally must file a will contest within two years after the will is admitted to probate in Harris County Probate Court. This statute of limitations is strictly enforced in most cases. However, certain exceptions may extend the deadline if you can prove fraud that was concealed and not discoverable through reasonable diligence, or if you were not provided proper notice of the probate proceedings. Additionally, if you discover forgery after the two-year period and can prove when you reasonably should have discovered it, you may have grounds for a late contest. Because these deadlines are critical and exceptions are narrow, consulting with experienced probate litigation counsel immediately is essential to protect your rights.
The evidence needed depends on your grounds for contesting. For Challenge a Will (Forgery) claims, you need handwriting exemplars for comparison, expert witness testimony from forensic document examiners, witness statements from people familiar with the testator’s signature, and evidence showing opportunity and motive for forgery. For Challenge a Will (Incapacity) cases, medical records documenting dementia, Alzheimer’s, mental illness, or medication effects, testimony from doctors, caregivers, and family members who observed the testator’s mental state, and evidence of confusion or inability to recognize family members or understand finances. For Challenge a Will (Coercion or Influence) claims, testimony about isolation from family, financial records showing control by the influencer, evidence of the testator’s vulnerability, and prior estate planning documents showing inconsistent wishes are critical.
You can only contest a will if you have “standing”—meaning you’re an interested party who would benefit if the will is set aside. Typically, this includes people who were beneficiaries in a prior will, heirs who would inherit under intestate succession if the will is invalidated, or beneficiaries under the current will who believe their share was reduced by forgery or undue influence. If you have no legal interest in the estate—for example, you’re not a family member and weren’t named in any prior will—you generally lack standing to contest regardless of your relationship with the deceased. The court requires you to demonstrate that you have a financial stake in the outcome before you can challenge the will’s validity.
When you file a will contest in Houston, estate administration typically continues but with certain restrictions. The executor can usually perform routine tasks like paying bills, maintaining property, and managing investments, but major distributions to beneficiaries are often delayed until the contest resolves. You can also request the court issue a temporary restraining order or injunction preventing asset distribution during litigation if you’re concerned the executor will improperly distribute assets before your contest is decided. If the executor distributes assets despite a pending contest and you ultimately win, those distributions may need to be recovered—a much more difficult and expensive process than preventing distribution initially. This is why filing your contest promptly and requesting appropriate court protection is critical.
If you’ve been named executor or you’re unsure how to move forward, getting legal guidance early makes a real difference. Strickland Law Firm provides straightforward advice and hands-on support throughout the probate process.
Call Strickland Law Firm today to discuss your will contest case confidentially and learn whether you have valid grounds to challenge.
