Serving Travis & Williamson Counties

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Inheritance Litigation

Austin Will Contest Attorney

Challenging or defending the validity of a Will in Travis County under the strict standards of the Texas Estates Code.

"A Will contest is rarely just about the money; it’s about correcting a wrong that occurred when a loved one was at their most vulnerable. In Austin's probate courts, the facts don't speak for themselves. You need a lawyer who can tell the story the evidence reveals. - Kyle Robbins"

The Grounds for a Will Contest in Texas

Many Austin families believe that simply being "left out" of a Will is enough to challenge it. However, Texas law is very specific. To successfully contest a Will in Travis County, you must prove one of the following legal grounds:

  • Lack of Testamentary Capacity: Proving the deceased did not understand the business they were engaged in (signing a Will) or the effect of the document at the time of signing.
  • Undue Influence: Demonstrating that a third party exerted such extreme pressure that the deceased's free agency was subverted, and they signed a Will they otherwise would not have.
  • Formalities of Execution: Challenging whether the Will was properly signed, witnessed, or notarized according to Texas law.
  • Fraud or Forgery: Proving the document itself is a fabrication or that the deceased was tricked into signing it under false pretenses.

Our Will Administration Toolbox

At Robbins Estate Law, we don't rely on guesswork. We use a litigation-focused approach to uncover the truth behind a disputed Will:

  • Medical Record Deep-Dives: Analyzing Austin-area medical records from the time the Will was signed to establish mental capacity or vulnerability.
  • Expert Testimony: Partnering with forensic psychologists and handwriting experts to provide "Machine-Readable" evidence for the court.
  • Deposition Strategy: Aggressively questioning witnesses and those who stood to benefit from the "new" Will to expose inconsistencies.
  • Mediation & Settlement: When appropriate, we leverage our evidence to secure a favorable settlement for our clients, avoiding the cost and public nature of a full Travis County trial.

 

Case Study

The "Last-Minute" Change

The Situation: An Austin family was shocked to find that their father’s Will had been changed just three weeks before his death, leaving his entire estate to a neighbor who had recently moved in to "help" him. The father had been suffering from advanced dementia at the time.

The Solution: We filed a Will contest in the Travis County Probate Court. We subpoenaed the father's medical records and deposed the witnesses to the Will, revealing that they were friends of the neighbor and that the father was unable to identify his own children on the day the document was signed.

The Result: The court ruled that the father lacked the capacity to sign the new Will. The previous Will, which divided the estate equally among his children, was reinstated, and the family’s inheritance was fully protected.

Common Questions (FAQ)

Generally, under the Texas Estates Code, you have two years from the date the Will was admitted to probate to file a contest. However, if you are alleging fraud or forgery, the timeline may be different. Because the clock is ticking, you should consult an Austin attorney immediately if you suspect foul play.

Yes. While In Terrorem (no-contest) clauses are designed to discourage litigation, Texas law allows you to challenge a Will if you have just cause and are acting in good faith. We help you evaluate the risk and determine if a challenge is legally viable.

In many Travis County cases, if you are successful in defending or challenging a Will in good faith, the court may order the estate to reimburse your legal fees. We discuss fee structure, including flat fees or contingency options, during our initial fact-finding session.

Only an "interested person" has the legal standing to contest a Will. This includes heirs, devisees, spouses, creditors, or anyone else having a property right in or claim against the estate being administered.

During a Will contest, the probate process for the disputed document is typically frozen. If the court has not yet appointed an executor, it may appoint a Temporary Administrator under Texas Estates Code Chapter 452 to manage and protect the estate’s assets—such as Austin real estate or business interests—until the litigation is resolved. This prevents any single party from depleting the inheritance while the court determines which Will (if any) is legally valid.

We are proud to have served thousands of families across Texas. Our Austin office currently maintains a 4.9-star rating based on 127 Google reviews from clients we have assisted with probate, guardianship, will contest, and estate litigation.

Protect Your Assets

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Kyle Robbins

Attorney Review

Justice in the probate court isn't found in a document; it's found in the courage to challenge a document that shouldn't exist.

- Kyle Robbins, Esq.

Don't Wait Until the Assets are Distributed.

Once the executor distributes the estate's assets, recovering your rightful inheritance becomes nearly impossible. Act now.
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