Credible Witnesses To A Will.

Written by Robert Ray

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

Credible WitnessTwo credible witnesses are required.

The Texas Estates Code requires every last will and testament, if not wholly in the handwriting of the testator, to be attested by two or more “credible witnesses.” The proponent of the will has the burden of proof to show that the witnesses who attested the will are “credible witnesses.”

What are credible witnesses?

The Texas Supreme Court has ruled that “credible witness” is synonymous with “competent witness.” A competent witness to a will is one who receives no pecuniary benefit under its terms. So a husband can be a witness to a will where his wife is a beneficiary if he is not a beneficiary. A wife can be a witness to a will where her husband is a beneficiary if she is not a beneficiary. Conversely, a person who is a beneficiary under a will is not “credible” and can’t be a witness. 838sw2547. I have written another article about the problems encountered when a beneficiary witnesses a will.

How do you prove that the witnesses are credible witnesses?

According to the court, where the will is admitted into evidence and it provides no pecuniary benefit to the witnesses, the will itself constitutes some evidence that the witnesses are credible to attest the will at the time the will was executed.

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.

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

Pin It on Pinterest

Share This