As stated in another post on this blog, a will has to be attested by two are more credible persons above the age of 14 who sign the will in their own handwriting in the presence of the testator. Normally, credible person means someone who does not take under the will. Who is not a beneficiary. But what if the only attesting person alive at the time the will is filed for probate is a beneficiary? Can they testify to prove up the will?
The answer is yes. In fact, they can be compelled to testify. The really bad thing for them is that the sections of the will leaving them part of the estate “shall be void.” Texas Probate Code §61. In other words, they get nothing under the will.
The courts have held that the testator’s wishes to have a will should not be denied because the person who can prove the will is a beneficiary. The moral is, if you are going to get something under a will, do not take part in its execution.
Dear Sir: I am a trust beneficiary of my fathers will. I, and two other siblings are beneficiaries. My fathers wife is the executrix. An attorney was named as the trustee responsible for the execution of the estate, and the trusts. I and my brother, and my sister, believe that the will was a fraud from the very beginning, and was altered or entirely switched when my father was mentally incapacitated. We don’t know where to turn. We feel that the will does not reflect our fathers true nature, and the will is inconsistent with our fathers character. We feel that there was some sort of fraud and a conspiracy involved in this will. Can you advise us or is it beyond finding the truth?
If you need to ask a question about a Texas contested inheritance issue, go to our main site. http://www.theProbate.Net, select the contact us tab and ask your question.
You should visit our main site at http://www.TheProbate.Net and use the contact form to ask questions.