Don’t Use Wills Found on the Internet

Robert Ray

The Issue
In a case out of the Fort Worth Court of Appeals, the issue was what power did the trustee have to distribute or not distribute assets of the trust.
The beneficiaries of the trust sued the trustee to require him to distribute the assets to them. The trustee, a bank, wanted to keep operating the trust and refused to distribute assets. The issue before the court was whether or not the trustee had the right to not distribute assets and keep the trust active which was lucrative to the bank.
The Ruling
The Court of Appeals ruled that the trustee did not have to distribute the asset. In addition, the court ruled that the trustee was entitled to its attorney’s fees.
Reason for Ruling
The court made an exhaustive review of the will and trust documents creating the trust and determined that the trustee had “sole discretion” to make distributions and the beneficiaries could not force the trustee to make distributions.
What you should know
You need to know that words have meaning. Using words from a document that you find somewhere can lead to problems that you did not want. When you want to make a will, you should contact a competent attorney to help you. We do not prepare wills. 02-20-00058-CV.

The court also discussed the use of precatory words in a will or trust.


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.



Recent Posts



What constitutes a signature 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. Texas recognizes holographic wills but other states do not. The difference between a...

Texas Spendthrift Trust

Texas Spendthrift Trust

What is a Texas spendthrift trust? A Texas spendthrift trust is authorized by the Texas Property Code. It is set up by the “grantor.” The trust will name one or more “beneficiaries” of the trust property. The beneficiaries will receive the trust property at a given...

Precatory words in a Texas will

Precatory words in a Texas will

Precatory words in a Texas will What are precatory words? Precatory words are words that are a request or a desire. These are seen mostly in self-made wills. The problems with these words are:  do the words pass title? Examples of precatory words Occasionally, when...

Is A Will Voidable Because of Public Policy

Background In 2016, the Texas court of appeals in Austin had to decide if a will was voidable because of public policy. The testator had one child, a girl. Two days before he died, he executed a new will that disinherited his daughter. The daughter contested the will....

Can You Probate An Invalid Will In Texas

Invalid wills can be admitted to probate if not contested The idea to take away from the case discussed in this article and similar cases is that this will had been admitted to probate. If the family had not contested it, the "friend" would have taken all the estate....

10 Reasons Not To Allow Pre-Death Will Contest

Background Texas does not allow a pre-death (Antemortem) will contest. 254 sw2 862. As long as the testator is alive, Texas considers his will changeable and therefore, a will contest would be a waste of time. However, a few states allow pre-death will contest...

The Author

Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.
© Copyright 2024 | All Rights Reserved.

Pin It on Pinterest

Share This