I have written previously that arbitration clauses in trust are enforceable against the beneficiaries. Normally, arbitration clauses are not enforceable against someone unless they agreed to be bound by arbitration. In the trust...Read More
Tag: Contesting Wills
Background In Estate of Crawford, 14-17-00703-CV, (Tex. App. – Houston  November 9, 2017) the court of appeals ruled that you can waive your right to appeal in a suit contesting a will. A will was filed for probate by...Read More
[mp_image id=”2611″ size=”full” link_type=”custom_url” link=”#” target=”false” caption=”false” align=”left”] Facts A recent court of appeals...Read More
England seeing an increase in will contest, why? For the same reasons Texas is seeing an increase in will contest. I have previously written on why contesting a will has become more common. You can view that article here. An...Read More
In Rem Proceedings Will Contest in Texas are in rem proceedings which means that notice to all the heirs is not required. It is up to each interested party to keep themselves apprised of the status of any probate case. Tennessee...Read More
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History of Undue Influence
The doctrine of undue influence derives from English courts. A will contest heard by Sir Francis Bacon as the Lord Chancellor of England in 1617 illustrates common aspects of the process of undue influence which emerged in the context of a will contest. These aspects include frail health, and physical dependency, false affection, relationship poisoning, threats and mistreatment, and involvement in the execution of documents by and in favor of the alleged abuser. UNDUE INFLUENCE: DEFINITIONS AND APPLICATIONS.
Relationship poisoning and undue influence.
What is relationship poisoning in the context of a will contest? A Texas court held that when a person makes negative remarks
about a person’s children and reinterprets historical events in a negative manner, the jury can consider these acts as relationship poisoning. Based on the relationship poisoning, the jury can find undue influence and the verdict will be upheld.
Undue Influence in Texas
Our main site, www.TexasInheritance.Com has more information about undue influence in Texas.
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Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization. We handle litigation cases related to inheritance disputes including will contest, related property disputes and associated torts throughout Texas. Our principal office is in Lantana, Texas. Contact Robert