Article On Intestacy, Wills, And Estate Administration Case Update

Gerry Beyer (Professor of Law, Texas Tech University School of Law) recently published an article entitled, Intestacy, Wills, and Estate Administration Case Update, REPTL Rept. 53-4, at 7 (2015). Provided below is an excerpt from the article:

After the probate court determined that Testator had testamentary capacity, Contestants appealed. The appellate court affirmed. The court studied the evidence which included testimony of the attorney who drafted Testator’s power of attorney who declined to draft the will fearing a contest due to Testator’s celebrity status (e.g., the character of George Jefferson from All in the Family and The Jeffersons) as well as the attorney who eventually prepared the will. This attorney had no doubt that Testator had full testamentary capacity. The two witnesses and a registered nurse caring for Testator testified in a similar manner. Nonetheless, Contestants claimed that this evidence was legally insufficient.

Moral: Regardless of how competent a person is at the time of will execution, family members dissatisfied with the terms of the will are likely to contest the will, especially if the estate has substantial value.