P.O. Box 600102
Dallas, Texas 75360-0102
(214) 498-5396
(214) 237-5904 (fax)
info@tjeremywatson.com
The Law Offices Of
T. Jeremy Watson
Will Contest
ELEMENTS OF UNDUE INFLUENCE:
The legal definition of "undue influence" in Texas is:
A will can also be contested on the grounds that it was the result of the undue influence of someone who pushed the testator into signing a will they would not otherwise have signed. This “undue influence” can be in the form of outright duress such as where someone told the testator to sign the will “or else. . .” But undue influence need not be so overt.
The elements of “undue influence” in a Texas will contest are:
any influence, which compels the testator to do that which is against his or her will from fear, the desire for peace, or some other feeling that he or she is unable to resist.
(1) The existence and exertion of an influence;
(2) The effective operation of such influence so as to subvert or overpower the mind of the testator at the time of the execution of the will; and
(3) The execution of a will which the testator would not have executed but for such influence.
In determining whether or not a will was the product of undue influence, the court may consider the following factors:
(1) the circumstances attending the execution of the will;
(2) the motive, character and conduct of the person alleged to a have exerted the influence;
(3) the participation, if any, in the preparation or execution of the will by the person alleged to a have exerted the influence ;
(4) the words and acts of the parties;
(5) the interest in and opportunity for the exertion of undue influence;
(6) the physical and mental condition of the testator at the time the will was signed; and
(7) the improvidence of the transaction by reason of unnatural disposition of the property.
