Will Reformation

Overview
Will Reformation is a legal process that involves altering a deceased person’s will to reflect their true intentions, especially if the original document is found to be ambiguous, incomplete, or inconsistent with their wishes. This process is particularly relevant in situations where the language of the will does not accurately convey how the testator (the person who made the will) intended to distribute their assets.

Detailed Explanation
In practice, Will Reformation can occur in several scenarios:

1. Ambiguity: If the provisions in the will are unclear, the court may reform the will to clarify the testator’s intentions, ensuring that the estate is distributed according to what the testator would have wanted. For instance, if a will states that a specific asset should be given to "my children," but the testator had children from different marriages, the court may interpret which children were intended to receive the asset.

2. Mistakes: If there was a clerical error or a misunderstanding in the drafting of the will, the court may reform it to correct the mistake. For example, if the will mistakenly lists a beneficiary’s name incorrectly, the court may reform the document to reflect the correct name based on evidence of the testator’s true intent.

3. Changes in Circumstances: Sometimes, the testator may have experienced changes in circumstances after executing the will, such as marriage, divorce, or the birth of a child. If the will does not adequately reflect these changes, a reformation may be necessary to ensure that the will aligns with the testator’s current situation.

In Texas, the concept of Will Reformation is governed by the Texas Estates Code, which allows for such modifications under certain conditions. It is important to note that reformation is distinct from Will Contest, where the validity of the will itself is challenged. Instead, reformation focuses on adjusting the language to reflect the accurate intent of the testator.

For individuals in Houston or surrounding areas, seeking the assistance of an experienced estate planning attorney can be crucial to navigate the complexities of will reformation and ensure that the estate is administered in accordance with the decedent’s true wishes.