Originally published by Michael Young.
In Estate of Jose M. Rodriguez the Corpus Christi Court of Appeals considered a verdict denying probate to a will because of undue influence. The court of appeals upheld the jury’s verdict. Proof of a claim of undue influence has three elements: (1) the existence and exertion of an influence; (2) that subverted or overpowered the testator’s mind at the time he executed the instrument; (3) so that the testator executed an instrument he would not otherwise have executed but for that influence. A contestant may establish undue influence by direct or circumstantial evidence, but it is more frequently established by the […]
from Texas Bar Today http://ift.tt/2uZd8uy
via Abogado Aly Website