Burns v. Burns, No. 12-22-00256-CV, 2023 WL 3033145 (Tex. App.—Tyler Apr. 20, 2023, no pet. h.).

Wills

Will Contest

Statute of Limitations

The testator died in 2008 with a will leaving his entire estate to his wife. About thirteen years later, the testator’s son attempted to contest the will on a variety of grounds such as forgery, lack of testamentary capacity, undue influence, and lack of notice of the probate proceedings. Both the trial and Tyler Court of Appeals determined that the statute of limitations to contest the will had run. Estates Code § 256.204 provides a two year period from date the will is admitted to probate and two years from the discovery of forgery or fraud. The court explained that the son had constructive notice of the probate proceedings and there was no evidence that the testator’s wife or attorney committed any fraudulent act.

 

Moral:  A person who wishes to contest a will should do so in a timely manner.

 

 



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