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Frequently I'm asked to determine whether a will is valid and whether you will contest is something that would be beneficial to a beneficiary or a family or spouse course start off with the premise that a testator has the ability to make his will is of sound mind and disposition and makes a will, and they're going to follow that will, and it's presumed that that will is valid until you prove otherwise there are a number of ways to approach and attack a well undue influence is probably the one used and most successful it has to be more than simple relationships with the deceased that are not real honest and right it has to be far more material than that the burden is to establish that the testator the deceased really had no free will to make a decision to begin with and that's a pretty strong burden duress is another way of setting aside a will the rest involves either physical or emotional abuse usually physical and power to force someone to do something they don't want to do if most are most often the relevance of that attack is related to the ability of the person to resist and the physical frailty and health of the person whether the testator has capacity a disposing mind were hit whether he knows the bounty that he's leaving into whom it's waiting is related to testamentary intent whether he had the actual intent and knew what he was doing courts are pretty strong is you're going to have to show that that loved one who passed away didn't know what he was doing when he made or sign this will, and it's not a test of whether it was fair just true equitable it's all irrelevant it's whether he knew what he was doing I frequently asked my clients did your father ask him day before he stood in his will who is he going to vote for our next election I said yeah I know a little for and he gave you a night you got a problem test military intent is often related to illness frailty and weakness the onset of Alzheimer's especially in the mid and latter periods of Alzheimer's dementia insanity or delusional people who may be saying but delusional at the time they signed the will courts of Appeal some folks are quite unstable without proof that their instability was manifest at the time they signed the will fraud and deception or an obvious attacker will if the deceased testator didn't know what he was signing and was or if he was in a coma in a hospital and one of the heirs prepares the will and picks up his hand a scientist named those were perfectly good grounds to set aside a will once you set the will side the court has a lot of options they can generally set the world side and the property passing by intestate succession, and you just go to the rules of the law, and it passes under Texas law, so the error is going down first and then straight up to there's nobody down as the sentence that goes to a sentence and there's some complication and that analysis, but it will not go as set out in the will a lot of times if the attack is at one provision of the...
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