Long v. Long, 196 S.W.3d 460 (Tex. App.—Dallas 2006, no pet.).
Testator’s will was contested on the ground that he lacked testamentary capacity at the time he executed his will. The appellate court held that there was sufficient evidence to support the trial court’s finding that he indeed had testamentary capacity. The court reviewed the evidence which showed that even though Testator was undergoing cancer treatment, he was aware of what he was doing, the extent of his property, the identity of his family members, and how he wanted his property distributed. In fact, he drafted the will himself on his computer.
Moral: A will contestant will have a difficult time overturning a trial court’s finding that a testator had the testamentary capacity to execute a will.
Testator’s will was contested on the ground that his new wife
exercised undue influence over him at the time he executed his will. The
appellate court held that there was sufficient evidence to support the
trial court’s finding that Testator was not unduly influenced. The court
rejected contestants’ assertion that Testator’s new wife was a “black
widow” and was exploiting Testator’s medical condition (cancer
treatment) to her advantage. The evidence showed that Testator was not
isolated from his family members and friends and that he had strained
relationships with the will contestants.
Moral: A will contestant will have a difficult time overturning a trial
court’s finding that a testator was not subject to undue influence.