When a family member passes away, their will should provide clarity. Naturally, finding a document filled with glaring factual errors often sparks immediate concern.
If a will incorrectly identifies family members or lists assets the deceased never owned, the error feels like a betrayal of the truth. These mistakes may signify that the testator did not understand what they were signing.
A red flag to watch for
Under Texas law, a will must meet the standard of “testamentary capacity” to stay valid. This means the person making the will must understand the business they are transacting and the extent of their assets. If a testament claims the deceased owned a ranch they sold years ago, or if it forgets the name of a child, it generally creates a path for a legal challenge.
In most cases, a simple typo will not throw out an entire estate plan. Still, major errors provide evidence that the deceased lacked a “sound mind” at the moment of signing.
Courts examine whether the person knew the “natural objects of their bounty,” which is a legal term for their closest family members. When a will contains false information about these relationships, the document might fail the test for validity.
Other grounds to consider
Factual mistakes often serve as the smoking gun for other legal grounds to dispute a will, such as:
- Undue influence: A third party may have fed the deceased false information to secure a larger inheritance.
- Scrivener’s errors: The person who drafted the document may have made a fundamental mistake that altered the testator’s intent.
- Fraud: Someone may have intentionally deceived the testator about certain facts to change the outcome of the estate.
- Improper execution: The document might lack the necessary witnesses or signatures required by the Texas Estates Code.
These suspicious circumstances give the potential beneficiary a reason to bring the matter before a probate judge.
Taking legal action is key
Courts do not automatically correct errors or set aside wills. A lawsuit must be initiated in probate court, supported by evidence such as medical records, witness testimony or financial documents. Because the court presumes a signed will is valid, the burden of proof rests on the challenger to show that errors are significant enough to invalidate the document.
Generally, a contest must be filed within two years from the date a will enters probate. Waiting longer can permanently bar a person from inheriting under the will. If the will contains a no-contest clause, a challenger should proceed with caution, since an unsuccessful challenge may forfeit any specific bequests provided by the original text.