In re Estate of Wilcox, 193 S.W.3d 701 (Tex. App.—Beaumont 2006, no pet.).
Mother’s will named certain of her children as beneficiaries and
executors. One of the children (Mary) sued her siblings alleging a
variety of misdeeds. One of the defendant brothers (Peter) who was not
serving as an executor filed a motion seeking a summary judgment. After
winning the summary judgment action, Peter obtained an order granting
him attorney’s fees under Probate Code § 243. Mary appealed.
The appellate court reversed, holding that Probate Code § 243 did not
give the court the power to award Peter his attorney fees. Peter was not
attempting to have Mother’s will admitted to probate or defending the
validity of the will. Instead, Peter was defending himself against
Mary’s assertions of personal wrongdoing.
Moral: A beneficiary who defends him- or herself against accusations of
personal wrongdoing relating to a testator’s estate is unlikely to
recover attorney fees for the defense under Probate Code § 243.