Can a testator be unduly influenced when they are incompetent?

Robert Ray

Facts

An appeals court recently had to decide if a jury’s verdict that the testator lacked testamentary capacity and their verdict that the testator was unduly influenced was so conflicting that the verdict had to be set aside. In Texas, if a jury verdict has an irreconcilable conflict, the court is obligated to reverse the case.

Can a testator be unduly influenced when they are incompetent?

In general, undue influence presumes that the testator has testamentary capacity. Ruling that there was no irreconcilable conflict, the court noted that the Supreme Court has recognized that a finding of undue influence implies the existence of a sound mind. However, no court has held that a finding of undue influence requires the existence of a sound mind. In fact weakness of mind and body, whether produced by infirmities of age or by disease or otherwise, may be considered as a material circumstance in determining whether or not a person was in a condition to be susceptible to undue influence. The court stated that in order to be an irreconcilable conflict, one of the jury’s answers would require a verdict for the contestant and the other would require a verdict for the proponent. Since both of these findings by the jury would require a verdict for the contestants, there was no irreconcilable conflict. 350 S.W.3d 130.

UPDATES

There are new cases all the time that clarify or change the law on inheritance disputes. Keep up-to-date by subscribing to our blog.

'

Subscribe

Recent Posts

Who Can Contest a Texas Probate?

Who Can Contest a Texas Probate?

Who Can Contest a Texas Probate Background In order to contest a Texas probate, you have to have standing. Standing means a person has a right to bring a lawsuit in Texas. To have standing in a Texas probate proceeding, you have to be an interested party. Facts In a...

Signing a Will in All the Wrong Places

Signing a Will in All the Wrong Places

Where do you sign a Texas will? In a recent case, 01-20-00073-CV, a Texas will was offered for probate. The trial court did not admit the will to probate because the testator just initialed six pages and did not sign on the seventh page where the document had a space...

Presumption of Undue Influence

Presumption of Undue Influence A person who is an Executor, Administrator, Trustee, or who has a Power of Attorney is a fiduciary. A fiduciary must act in the best interest of the beneficiaries and show that each of his actions was in the beneficiaries' best interest....

Tax Foreclosure in Texas

axing authorities can foreclose on your real property when you don't pay your taxes. By statute, an owner may redeem real property purchased at a tax sale by paying certain amounts within a prescribed period of time after the purchaser's deed is...

How do I claim my inheritance Texas

Claiming an inheritance in Texas An inheritance can never compensate for the death of a family member. But inheritance is not about greed; it is about custody and control of your property. Claiming an inheritance in Texas is usually straightforward if you are a named...

The Author

Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.
© Copyright 2023 | All Rights Reserved.

Pin It on Pinterest

Share This