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Decedent Lacked Mental Capacity? If so, then the will may be invalid.
A testator must be of sound mind to make a will. Courts in Texas have defined the term “sound mind” to mean “testamentary capacity.” See Chambers v. Chambers, 542 S.W.2d 901, 906 (Tex.Civ.App.—Dallas 1976, no writ) (citing Nass v. Nass, 224 S.W.2d 280, 283 (Tex.Civ.App.—Galveston 1949), aff'd on other grounds, 149 Tex. 41, 22
Was your loved one unduly influenced into making the will? If so, then the will may be invalid.
Establishing the existence of undue influence generally involves inquiry into factors such as:
1. the circumstances surrounding execution of the instrument;
2. the relationship between the testator and the beneficiary and any others who might be expected recipients of the testator's bounty;
3. the motive,
Forgery/Fraud
A testator must sign his or her will or direct another to sign it in his or her presence. However, Will Contest Guy has challenged a will based on forgery. Even in a holographic will (handwritten will), the will must be drafted entirely in the Testator's own handwriting. A handwriting expert can be hired to examine the stroke pattern, pressure areas, stroke curvature, stroke regular
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