Grounds for Contesting a Texas Will

10 Factors To Determine Undue Influence In Texas

10 factors to determine undue influence in TexasBackground

In a previous article, I noted that in a case involving undue influence in contesting a will in Texas, the elements of undue influence are:

  1. the existence and exercise of an influence upon the testator,
  2. which operated to subvert or overpower the testator’s mind at the time the will was executed, and...
  3. such that the execution would not have occurred but for the undue influence.

10 Factors To Determine Undue Influence In Texas

Some Texas courts have listed 10 factors to determine if the three elements of undue influence existed. They analyze the following ten factors to

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Contesting a Will Because of Fraud in the Inducement

Contesting a Will in Texas Because of Fraud in the Inducement"Fraud in the Inducement" occurs when a fact “outside of the document” is intentionally misrepresented and, without such misrepresentation, the testator would not have executed will. In Texas, fraud in the inducement of a dispositive instrument and undue influence are treated as one.

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5 Grounds For Contesting Wills In Texas

Grounds for contesting a will in Texas When a will is offered for probate, it is offered as the last will of the testator (the person whose will it is), made at a time when the testator knew what he was doing and who was not being unduly influenced to ...

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Contesting a Will Because of an Insane Delusion

Contesting a Will Because of an Insane Delusion in TexasA claim of “insane delusion” resembles a claim of lack of testamentary capacity and is sometimes considered to be a sub-category of testamentary capacity. An “insane delusion” is the belief of supposed facts that do not exist, and which no rational person would believe.

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Revoking A Will In Texas

Learn about revoking a will in TexasThere are two ways to revoke a will in Texas: (1) by subsequent testamentary instrument or (2) by physical act. The Texas Estates Code §253.002 specifies these two exclusive ways that a will can be revoked. Section 63 says...

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Contesting a Will Because of Forgery

Contesting a Will Because of Forgery in TexasIt almost goes without saying but if a Texas will is forged, it will not be admitted to probate.

A person’s signature can vary fiom one document to the next due to age or physical infirmities, or even...

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Can You Have an Oral Will?

Can You Have an Oral Will in Texas?Texas requires that all wills be in writing. Before 2007, however, Texas recognized nuncupative or oral wills. Former §§ 64 and 65 of the Texas Probate Code, repealed 2007. Now, oral wills are no longer recognized.

Before 2007 when oral wills were admitted to probate, you could only dispose of personal property by an oral will, not real property. Because oral wills were subject to abuse in that anyone could claim that the Testator told them who they...

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Robert Ray is the Editor and owner of this site. Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization.

We handle cases throughout Texas. Our principal office is in Tyler, Texas.

Robert Ray, Texas inheritance attorney.Click here to email us or to go to the contact form if you want to contact us about a Texas inheritance dispute.

Robert Ray is Board Certified

Robert Ray is the Editor and owner of this site. Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization.

We handle cases throughout Texas. Our principal office is in Tyler, Texas.

Robert Ray, Texas inheritance attorney.Click here to email us or to go to the contact form if you want to contact us about a Texas inheritance dispute.

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