In re Estate of Russell, 311 S.W.3d 528 (Tex. App.—El Paso 2009, no pet.).
Testatrix’s will was successfully contested by her granddaughters who
claimed that Testatrix was subject to undue influence when she executed
her will. The appellate court examined the evidence and found it
sufficient to prove the elements of undue influence and thus affirmed.
The appellate court made a summary review of the evidence focusing on
one child’s involvement with having his mother execute a will
disinheriting her granddaughters contrary to the provisions of her prior
wills. Despite Testatrix having testamentary capacity, the court
determined that because she made an unexpected unnatural disposition of
her property by removing her grandchildren as beneficiaries, the jury
could conclude that this feat could only have been accomplished through
Son’s exercise of undue influence.
Note that the court also determined that Son tortiously interfered with
the granddaughters’ inheritance rights and that the trial court
appropriately awarded costs against Son even without proving good faith
with sufficient cause because they were not seeking their attorney fees
under Probate Code § 243.
Moral: A jury finding of undue influence will be very difficult to
overturn on appeal even if the facts supporting the finding are weak.