Will Contests on Contingency

We take Will Contests on Contingency. Will Contests can be very expensive legal proceeding between the attorney fees and case expenses. The party defending the Will can often use estate money to defend the Will that is in dispute.

Therefore, contingency can be a big equalizer for the client. We have seen some cases where the opposing side have spent hundreds of thousands of dollars in the estate fight gutting the estate itself. When you hire a Will Contest Lawyer on Contingency, we are only paid when we make a recovery for you. As your lawyer, we are in the same boat as you. We win when you win.

As result, the estate needs to be a big estate to justify a contingency as the costs of these cases are high and it is impractical for us to do this on smaller estates even when justly deserved. Usually, the estate needs to be over a million in dispute for us to take on contingency. Ideally, we could help everyone but we are limited on what we can do.

Therefore, we only take on the strongest cases. Most cases are related to Fraud on Will; or a Will Forgery of the signature or alteration of the document. Wills can be challenged that were done under “undue influence.” and/or Wills done where the testator lacked the necessary mental capacity to do a Will properly. There is also contests over testators with diminished capacity that are more susceptible to undue influence. We have been successful in recovering tens of millions of dollars for our clients.

Undue influence can mean the following:

• Forcing someone to do something they would not otherwise do

• Deceit or lies

• Blackmail of the testator

• Coercion by force or threat

• Duress or oppression

• Demand and pressure

• Manipulation

• Taking advantage of someone especially those that are elderly or ill.

Do not necessarily fear the “NO CONTEST CLAUSE”, if we take your case then we believe you that have brought a case in good faith and therefore it is unlikely it will be successfully imposed against you. Note, we would not take your Will Contest on Contingency if we felt you were not in acting in good faith. However, it is always a risk and puts what you would receive at risk. You need to weigh the pros and cons of risking what you have already if anything. We expect candor from our clients on the merits and truthfulness of what you tell us as we are going to battle for you and need to know the truth. For a free consultation, call today.

No Contest Clause in a Will can be challenged

In Texas, “No Contest Clause” can be challenged. A will can be contested on several grounds, such as lack of testamentary capacity, undue influence, fraud, duress, mistake, or forgery. A will contest must be filed in a probate court within four years of the testator's death, or within four years after the date the will is admitted to probate.

A “no contest clause”, also known as an in terrorem clause, is generally enforceable in Texas, but it can be overcome if the contest is brought in good faith and maintained in good faith, then there is probable cause to believe that the will is invalid. A “no contest clause” in a will not be enforced if the contest is based on a valid legal claim, such as fraud or undue influence.

The “no contest clause” is a provision in a will that states that any person who contests the will will forfeit their inheritance under the will. No contest clauses are intended to discourage will contests by making it less financially beneficial for a person to challenge the will.

It's worth noting that, even if a “no contest clause” is enforceable, it may not completely prevent a will contest. Some people may choose to contest a will even if it means forfeiting their inheritance, due to moral or other reasons.

What does NOT trigger a “No Contest Clause”

• Contesting the executor does not trigger a “will contest or the “forfeiture clause”

• Talking to attorney does not trigger the “No contest clause”

• Requesting an Accounting does not trigger the “No contest clause”

• Investigation of claims is not a Will Contest

• Seeking interpretation of a Will does not typically trigger a “No Contest Clause”

It's important to note that proving a will contest in Texas can be challenging, as the person contesting the will must provide evidence that the will is invalid. They may need to prove that the testator did not have the capacity to make the will, that the will was procured by undue influence, or that the will was forged.

No Original Will and/or lost Will

ISSUES PRESENTED

Where a validly executed will was last seen or accounted for in the possession of the decedent, or in a place where the decedent had ready access to it, and it cannot be found after the deceased's death, the presumption arises that the testator destroyed it with the intention of revoking it.  Proponents cannot locate Decedent’s original Will, the Will was in the possession of the Decedent, and there is no evidence to rebut the presumption of revocation of the Will.  Is summary judgment proper that there is no evidence to rebut the presumption of revocation?

ANALYSIS AND AUTHORITY

    A.    PROPONENTS CANNOT FIND DECEDENT’S WILL, THE WILL WAS LAST KNOWN TO BE IN DECEDENT’S POSSESSION, AND HAVE NO EVIDENCE TO REBUT THE PRESUMPTION OF REVOCATION

 (1) that the Will submitted in this case is a copy; (2) that the original will that was in the possession of the Decedent cannot be located; and (3) that there is no evidence to rebut the presumption of revocation of the Will.   Thus, as a matter of law it can be determined that there was no Will and Decedent’s estate should be divided by the rules of intestacy under Texas law.