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.