In re Estate of Arrington, 365 S.W.3d 463 (Tex. App.—Houston [1st Dist.] 2012, no pet. h.).
Testator executed a will two days after being diagnosed with a brain tumor which left his entire estate to Daughter to the exclusion of his other children and his Wife from whom he was in the process of getting a divorce. The court admitted the will to probate. Wife appealed claiming that there was no evidence to support the jury findings that Testator properly executed the will and had testamentary capacity.
The appellate court rejected Wife’s claim that Testator did not properly execute the will. Wife argued that the will was invalid because Testator did not sign each page and because the witnesses did not read the will. The court explained that neither of these two steps are required under Probate Code § 59.
Moral: The court will not add requirements to the validity of a will such as to require that the witnesses read the will or that the testator signed each page of the will.
Testator executed a will two days after being diagnosed with a brain tumor which left his entire estate to Daughter to the exclusion of his other children and his Wife from whom he was in the process of getting a divorce. The court admitted the will to probate. Wife appealed claiming that there was no evidence to support the jury findings that Testator properly executed the will and had testamentary capacity.
The appellate court rejected Wife’s claim that Testator lacked testamentary capacity. The court explained that the jury heard direct evidence of Testator’s capacity on the date of will execution from the subscribing witnesses one of whom had known Testator for twenty years. The court rejected Wife’s claim that Testator lacked capacity because the will named a person as a child who was never legally adopted and omitted an alleged additional child. As the court stated, “a finding of testamentary capacity does not hinge entirely on direct evidence that the testator discussed the details of his children, wealth, or disposition at the time he signed his will.”
Moral: Family descriptions in wills should be accurate to help prevent attacks on the will based on lack of testamentary capacity.