In most jurisdictions, the statutes which prescribe the proceedings for probate and contest of wills permit a person in interest to file a petition to contest the probate of a will after the will has been admitted to probate. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such an Petition in a particular jurisdiction.
Texas Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence: When it comes to contesting the probate of a will in Texas, individuals have the option to file a petition based on the grounds of mental incompetence and undue influence. This legal proceeding seeks to challenge the validity of a will by asserting that the testator was not of sound mind when making the will or that someone exerted undue influence over the testator during the creation of the will. Under Texas law, there are two primary types of petitions that can be filed to contest the probate of a will based on mental incompetence and undue influence: 1. Petition Contesting Probate on the Grounds of Mental Incompetence: This type of petition asserts that the testator lacked the mental capacity at the time of creating the will, rendering them unable to understand the nature and consequences of their actions. Mental incompetence can be a result of various factors such as dementia, brain injury, or any other condition that impairs a person's cognitive abilities. To contest probate on the grounds of mental incompetence, the petitioner must provide substantial evidence demonstrating that the testator was not of sound mind when making the will. This may involve medical records, testimonies from experts, or any other relevant evidence that supports the claim of mental incapacity. 2. Petition Contesting Probate on the Grounds of Undue Influence: This type of petition alleges that an individual exerted undue influence on the testator with the intention of overpowering their free will and manipulating them into creating a will that benefits the influencer. Undue influence typically involves a position of power or trust, where the influencer takes advantage of the testator's vulnerability or dependency. To contest probate on the grounds of undue influence, the petitioner must establish that the influence was exerted through coercion, manipulation, or fraud, resulting in the testator's inability to create a will that truly aligns with their wishes. This can be proven through testimonies, witness accounts, financial records, or any other evidence that substantiates the claim of undue influence. In both types of petitions, it is crucial to provide detailed and compelling arguments, backed by substantial evidence, to support the claim against the probate of the will. The court will carefully evaluate the evidence presented before making a decision. It is important to consult with an experienced probate attorney in Texas to navigate through the complex legal process and ensure the best chance of success in contesting the probate of a will on the grounds of mental incompetence and undue influence.
