In re Estate of Flores, 76 S.W.3d 624 (Tex. App.—Corpus Christi 2002, no pet.).
Testator’s will did not provide for or mention Son, a child who was
born out of wedlock but whose paternity was established over a decade
earlier by a court judgment. In the section of the will listing
Testator’s children, Testator named his other children but not Son.
Because Son was not a beneficiary of the will, he filed a will contest
on a variety of grounds including forgery, lack of proper formalities,
mistake, and lack of testamentary capacity. The trial court granted
summary judgment against Son on the basis that Son’s evidence was too
weak to support any of the will contest grounds, that is, his evidence
gave rise only to speculation, suspicion, and surmise rather than to
material or genuine issues of fact. Son appealed.
The appellate court affirmed. The court reviewed Son’s evidence and
determined that the trial court was correct in determining that the
evidence was insufficient to raise jury issues on any of the will
contest grounds.
Moral: A will contestant must present evidence to raise a genuine or
material fact issue to withstand the proponent’s motion for summary
judgment.