In re Estate of Johnson, 340 S.W.3d 769 (Tex. App.—San Antonio 2011, pet. denied).
The jury determined that certain of Testator’s wills and trusts were
invalid because they were executed as a result of undue influence. The
appellate court affirmed. The court began with an extensive discussion
of the law of undue influence and the leading Texas cases. It then went
through each element of undue influence reviewing some of the evidence
developed during the four month trial which supported the jury’s
determination that the elements of undue influence were satisfied.
Moral: Overturning a jury finding of undue influence on appeal is
difficult. Accordingly, the will proponent should present the best
evidence at trial.
The jury determined that will proponents probated wills (and thus
contested other wills) in good faith and with just cause. The jury then
awarded over $3 million in reasonable and necessary attorneys’ fees
under Probate Code § 243. The appellate court affirmed the award
rejecting the argument that the award of fees was improper because the
individual plaintiffs did not personally pay the fees but that they were
instead paid by trusts created for their benefit. The court explained
that the manner in which attorneys’ fees are paid does not preclude
their recovery.
Moral: The court may award attorneys’ fees under Probate Code § 243 even
if the claimant did not personally pay or advance those fees.
Trusts
Attorneys’ Fees
Successful Contestant
The jury awarded the successful contestants of several trusts over $3
million in reasonable and necessary attorneys’ fees. The appellate court
affirmed. The court explained that Trust Code § 114.064 permits the
trial court to make the award in any manner that is “equitable and
just.” The court examined the evidence and found it sufficient to show
that the trial court did not abuse its discretion or make an award by
acting without reference to any guiding rules or principles. The court
rejected the claim that it is not equitable or just to award attorneys’
fees in favor of individuals who did not personally pay the fees but
where the fees were instead paid by trusts created for their benefit.
Moral: The court may award attorneys’ fees under Trust Code § 114.064
even if the claimant did not personally pay or advance those fees.