McCay v. State, 476 S.W.3d 640 (Tex. App.—Dallas 2015, pet. ref'd.).

Wills

Criminal Law Interface

 

The appellate court held that a person commits the criminal offence of theft if the person with intent to steal causes a will to be executed in his or her favor and then files that will for probate.

 

Moral:  A person who exercises undue influence, duress, or fraud over a testator to execute a will and then files that will for probate, may be prosecuted for the criminal offense of theft.

 

 



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