Can A Beneficiary Attest A Will?

Written by Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.

[cherry_row type=”full-width”]

[cherry_col size_md=”12″ size_xs=”none” size_sm=”none” size_lg=”none” offset_xs=”none” offset_sm=”none” offset_md=”none” offset_lg=”none” pull_xs=”none” pull_sm=”none” pull_md=”none” pull_lg=”none” push_xs=”none” push_sm=”none” push_md=”none” push_lg=”none” collapse=”no”]

[mp_image id=”2351″ size=”full” link_type=”custom_url” link=”#” target=”false” caption=”false” align=”left”]

[/cherry_col]

[/cherry_row]

[cherry_row]

[cherry_col size_md=”12″]

Can A Beneficiary Attest A Will?

As stated in another post on this blog, a will has to be attested by two are more credible persons above the age of 14 who sign the will in their own handwriting in the presence of the testator.  Normally, credible person means someone who does not take under the will.  Someone who is not a beneficiary.

Prove The Will In Court

But what if the only attesting person alive at the time the will is filed for probate is a beneficiary?  Can they testify to prove up the will? The answer is yes.  In fact, they can be compelled to testify.  The really bad thing for them is that the sections of the will leaving them part of the estate “shall be void.”  §254.002 of the Tex. Est. Codes, (formally Texas Probate Code §61.)  In other words, they get nothing under the will.

Don’t Take Part

The courts have held that the testator’s wishes to have a will should not be denied because the person who can prove the will is a beneficiary.  The moral is, if you are going to get something under a will, do not take part in its execution.

[/cherry_col]

[/cherry_row]

You May Also Like…

WHAT CONSTITUTES A SIGNATURE ON A WILL

WHAT CONSTITUTES A SIGNATURE ON A WILL

A holographic will is one that is wholly in the handwriting of the testator and signed by him. What constitutes a signature is often contested.

The slayer rule doesn’t always apply

The slayer rule doesn’t always apply

The slayer rule means that a person who murders another person cannot inherit from that person. Texas doesn’t have the slayer rule but there are other methods of keeping the slayer from inheriting.
In a recent article in England, the courts let the wife inherit from her husband that she murdered because he had been so abusive toward her.

Robert Ray

Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization. We handle cases all across Texas. Our principal office is in Lantana, Texas (DFW area).

Robert Ray is a Texas attorney who handles inheritance disputes

Why Us?

Inheritance disputes involve someone who has taken advantage of the elderly. These cases are complicated and most often, but not always, involve outsiders. We represent you knowing that these inheritance disputes are private and painful family matters. We know this is a stressful time for you. We strive to obtain the quickest and best results possible so that you can get this troubling episode behind you.

Questions?

Get In Touch

Address

Lantana, Texas
In the DFW area

Phone

(214) 660-5700

Follow Us
Contesting a will in Texas

Zoom type workshops?

In the age of Covid-19. we have been thinking of having monthly or bi-monthly, free, Zoom type workshops where participants discuss with us issues that are of interest to them. There would be no agenda, we would discuss areas that the participants wanted to discuss. Participants could attend by computer, tablet or smartphone.

This would be a public Zoom type meeting so nothing personal or confidential should be discussed. Just general questions. Personal or confidential questions should be asked by using the Contact Us tab above.

If you think we should start having these workshops, please leave your email so we can notify you?

We will notify you if we decide there is interest in the workshops. Thanks for letting us know.

Pin It on Pinterest

Share This