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Many people assume that once a valid will is signed, estate disputes disappear. In reality, sometimes probate battles occur even with a will in place. A written will can reduce uncertainty, but poor drafting, improper execution, missing provisions, and family disagreements often trigger disputes after death.
Several recurring problems create common issues: failure to include a self-proving affidavit, omission of a residuary clause, allegations of lack of testamentary capacity, and disputes involving executors when no successor is named or co-executors are appointed.
Under Texas law, a will may be made “self-proved” through a properly executed self-proving affidavit that is sworn to and signed by the testator and witnesses before a notary (Texas Estates Code Section 251.101). A self-proved will can be accepted as valid without the need for additional proof or witness testimony.
When a self-proving affidavit is not included, the will is not automatically invalid. However, probate becomes more difficult because the court will require testimony from witnesses to establish that the will was properly executed.
This seemingly small omission can create practical problems years later when it comes time to probate a will. Witnesses may have died, moved away, or become difficult to locate. The absence of a self-proving affidavit also increases the cost of probating a will and causes delays in estate administration.
Texas law specifically outlines the requirements for self-proving affidavits and recognizes that self-proved wills simplify probate proceedings. Even so, many handwritten wills, online forms, and older estate plans fail to include these provisions, leaving surviving family members subject to delays that could have been avoided through drafting and execution.
Another common source of conflict occurs when a will lacks a residuary clause. A residuary clause directs who receives property not specifically mentioned elsewhere in the will. Without such a clause, portions of the estate may pass through Texas intestacy law rather than according to the testator’s broader intentions.
This issue often arises because people focus only on major assets when drafting a will. For example, a will might leave a home to one child and bank accounts to another but fail to address newly acquired property, forgotten accounts, mineral interests, or property acquired after the will was signed.
When property is omitted and no residuary clause exists, that property may pass to heirs under intestate succession statutes. This can produce results directly contrary to the decedent’s wishes. An estranged child or distant relative could inherit property simply because the will failed to dispose of the “rest and remainder” of the estate.
A properly drafted residuary clause acts as a safety net that captures all remaining property not otherwise distributed. Without it, even a valid will can produce confusion, unintended inheritances, and expensive probate litigation.
One of the most common grounds for contesting a will is lack of testamentary capacity. Testamentary capacity refers to whether the testator understood the nature and effect of making the will at the time it was executed.
Texas courts generally examine whether the testator understood:
Disputes over capacity often arise when the testator was elderly, suffering from dementia, taking heavy medication, or experiencing cognitive decline. Family members who receive reduced inheritances frequently claim the deceased lacked sufficient mental capacity when signing the document.
Family dynamics often intensify these conflicts. If one child was heavily involved in caregiving or assisted with arranging the will, other relatives may accuse that person of manipulation or undue influence. Inheritance changes made shortly before death often trigger suspicion, particularly when long-standing beneficiaries are suddenly disinherited. Even if the will ultimately survives challenge, capacity litigation can drain estate assets and permanently damage family relationships.
Executor selection is another frequent source of probate conflict. A will may nominate an executor to administer the estate, pay debts, and distribute property. Problems arise when the named executor dies, becomes incapacitated, declines to serve, or proves unfit for the role.
If the will does not name a successor executor, the probate court may need to appoint an administrator. This can lead to disputes among family members competing for control of the estate. Beneficiaries may disagree over who should manage estate assets, especially when significant money, businesses, or real property is involved.
Co-executor arrangements can also create substantial conflict. While testators sometimes believe appointing multiple people as co-executors promotes fairness, the arrangement frequently produces deadlock instead.
For example, co-executors may disagree about selling property, paying claims, investing estate funds, or interpreting provisions of the will. If the will requires joint action, routine estate administration can stall entirely.
Disputes among co-executors may require court intervention, removal proceedings, or judicial instructions regarding estate administration. In severe cases, litigation expenses consume assets intended for beneficiaries. For this reason, many Texas probate attorneys recommend naming one primary executor with at least one successor rather than appointing multiple co-equal fiduciaries.
A will can provide essential guidance after death, but its mere existence does not guarantee a smooth probate process. In Texas, estate conflicts frequently arise because of drafting mistakes, execution problems, omitted provisions, or disputes over the deceased’s mental capacity and chosen fiduciaries.
These disputes demonstrate that effective estate planning requires more than simply signing a document. Careful drafting, proper execution, and thoughtful planning for future contingencies are critical to reducing probate disputes and preserving family relationships after death.
Whether you are creating a new estate plan, updating an existing will, or navigating concerns surrounding a loved one’s estate, proactive planning can make a substantial difference. The estate planning and probate attorneys at Doré Rothberg Law are eager to help individuals and families address complex estate matters and work to create plans designed to minimize future disputes and protect long-term goals. Contact our team to learn more about the best preparation for your situation: 281-829-1555.
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