Interesting Developments In Inheritance Laws

My practice is limited to trials involving inheritance disputes including will contest, related property disputes and associated torts. To ask privately about a Texas litigation issue involving an inheritance dispute, click the big red button to go to our main site's contact page and ask a question privately.

Can A Beneficiary Attest A Will?

Can a beneficiary attest a will?

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.

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We handle litigation involving inheritance disputes. We don't prepare wills. We handle a select few cases on contingency. Don't use a comment to ask a personal question about an inheritance issue because your name and comment will be public. To ask a litigation question and to protect your privacy, click the red button to the right.

Posted in Contesting wills, Probate, ProcedureTagged ,