Yes, a will can be contested in Texas, as in many jurisdictions, under certain circumstances. This process is a legal means for interested parties to challenge the validity of a will or certain provisions within it. Contesting a will is a serious action that is typically undertaken when someone believes the will does not accurately reflect the true intentions of the deceased, known as the decedent, due to various factors. Understanding the grounds upon which a will can be contested is crucial for anyone considering this legal route.

There are several grounds on which a will may be contested in Texas. One common reason is the allegation of undue influence, which occurs when the testator (the person who made the will) is believed to have been pressured into making decisions in the will that they would not have otherwise made, due to the manipulation or excessive persuasion by another party. Another ground is lack of testamentary capacity, where it's argued that the testator did not have the mental capacity to understand the nature of the will-making process, their assets, or the implications of the decisions made in the will at the time it was executed.

Fraud is another basis for contesting a will. This can occur when it is believed that the will presented is not the true will of the decedent, either because the signature was forged or the decedent was tricked into signing a document they did not know was a will. Similarly, a will can be contested if it is believed to have been executed improperly. Texas law requires certain formalities to be followed for a will to be valid, such as being written, signed by the testator, and, in most cases, witnessed by at least two individuals who are present at the same time and understand that the document is intended to be the testator's will.

The process of contesting a will begins with filing a contest in the appropriate probate court, usually in the county where the estate is being administered. It is important to act within a specific time frame, as Texas law limits the time during which a will contest can be filed. Typically, this is within two years from the date the will was admitted to probate, but exceptions exist, and different deadlines apply based on the nature of the challenge. Thus, timely legal consultation is essential.

Engaging the services of an attorney with experience in probate and estate litigation is crucial for anyone considering contesting a will. The process can be complex and emotionally taxing, requiring a nuanced understanding of Texas probate law and the ability to navigate the legal system effectively. An experienced attorney can offer guidance through the process, help gather and present evidence, and represent the contesting party's interests in court. Contesting a will is a significant step that can affect the distribution of the decedent's assets and the relationships among those involved, making professional legal assistance invaluable.