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
Instant download
Description
Free preview
How to fill out Petition Contesting Probate Of Will On The Grounds Of Mental Incompetence And Undue Influence?
US Legal Forms - one of the largest collections of legal documents in the United States - offers a broad selection of legal form templates that you can download or print. Through the website, you can access thousands of forms for both business and personal purposes, organized by categories, states, or keywords. You can quickly find the latest forms such as the Texas Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence.
If you already have a monthly membership, Log In and download the Texas Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence from the US Legal Forms library. The Download option will appear on every form you view. You can access all previously downloaded forms in the My documents section of your account.
If you are using US Legal Forms for the first time, here are simple instructions to help you get started: Ensure you have selected the correct form for your city/region. Click the Review button to check the contents of the form. Review the form summary to verify that you have chosen the right document. If the form does not meet your needs, use the Search field at the top of the screen to find one that does. When you are satisfied with the form, confirm your choice by clicking the Get now button. Then, select your preferred pricing plan and provide your details to create an account. Process the transaction. Use your credit card or PayPal account to complete the transaction. Choose the format and download the form to your device. Make modifications. Complete, edit, print, and sign the downloaded Texas Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence. Every template you add to your account has no expiration date and is yours forever. So, if you wish to download or print another copy, simply go to the My documents section and click on the form you want.
- Access the Texas Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence with US Legal Forms, the most comprehensive library of legal document templates.
- Utilize thousands of professional and state-specific templates that meet your business or personal needs and requirements.
- Explore various categories to find the right form for your situation.
- Review the terms and conditions before downloading any forms.
- Keep your account information secure and up to date.
- Reach out to customer support if you encounter any issues during the process.
Form popularity
FAQ
If a person challenges a will for undue influence and proves that the will was not the testator's true intent, then the court will usually determine that the will is not valid. If an earlier will is valid, the court might use that to distribute the property. In that case, the earlier will is ?revived.?
The use of undue influence by one party over another puts the free will of one of the parties entering the contract into question, and therefore leads to the contract being unenforceable and voidable by the victim party.
A will or trust can be declared invalid if undue influence was used on the deceased to obtain assets that would otherwise have gone to others.
We're often asked, ?How can you prove undue influence?? Well, the evidence must support the elements of proving undue influence, which were stated above: Vulnerability of the victim. The influencer's apparent authority. The actions or tactics used by the influencer.
Undue influence is a serious challenge to raise against a will or trust. If successful, the document may be invalidated. For that reason, when proving undue influence, extraordinary evidence must be presented, which means having an excellent probate litigation attorney by your side.
Proving undue influence is complex, and the burden of proof is very high. You must prove that the person who benefited from the gift was in a confidential relationship with the decedent.
An optional no contest clause, also known as an in terrorem, penalty, or forfeiture clause, which may be included in a Texas will or trust instrument. The purpose of including this provision is to disinherit a contesting beneficiary.
In addition to filing a contest prior to a will having been admitted to probate (but after it has been filed), a contestant may file a will contest within two years after the will has been admitted to probate.
