Richard C. Harris drafted a will in which he declared that arbitration would be the sole means of resolving a dispute relating to the will or trust he created. Beneficiaries who did not agree to this term would forfeit any benefit conferred by his estate planning instruments. Harris specifically included breach of fiduciary duty claims within the mandatory arbitration provision. Moreover, the will said the clause would apply even in situations where the dispute was based on appropriate grounds. 

The Court of Appeals for Texas in Waco reviewed the Texas Arbitration Act (TAA) to determine if parties to a probate or trust dispute could be compelled to go to arbitration. While the TAA does bar mandatory arbitration provisions in certain situations, such as collective bargaining agreements, no such prohibition applies to probate matters. The court emphasized a basic principle of statutory interpretation: if the Legislature had intended to exclude probate disputes from arbitration, it could have said so. 

Similarly, the court rejected the argument that enforcing the arbitration clause would usurp the probate court’s authority to resolve disagreements among parties to a will. Justice Steve Smith’s decision noted that the court retains the power to confirm or deny the arbitrator’s holding. Given that the grandchildren who brought the challenge had accepted their bequests, the mandatory arbitration provision in the Harris will was held to be valid and enforceable. 

If you are concerned that loved ones will engage in a dispute over your will or trust after you are gone, there are several options you can discuss with your attorney. Many testators include a no-contest, or in terrorem, clause, which prevents someone who contests a will from receiving any part of the estate. However, these provisions usually will not be enforced if the challenge is made in good faith. That could be why Richard Harris opted for an arbitration requirement instead. 

Grob & Associates Law Firm PC advises clients on estate planning and represents parties in probate litigation matters. We have two North Texas offices, located in Rockwall and Wylie. To schedule a consultation, call us at 972-777-5701 or contact us online. 

Heirs and interested parties can challenge a last will and testament for several reasons, but the decision to do so should only be made after careful thought and consultation with a qualified probate litigation attorney. To halt enforcement of a will’s terms, a challenger must prove one of the following grounds by a preponderance of the evidence:

• Forgery, alteration or deception — A signature that does not seem to be accurate might signal a forgery. There could also be other language in the document that appears to have been added or changed by someone beside the purported testator. Another potential ground is that the person who signed the will was deceived about its contents.
• Undue influence — Elderly individuals and those suffering from serious physical ailments could be vulnerable to coercion from a dishonest person. If you suspect undue influence led the decedent to put something in their will that did not reflect their true intentions, it is important to take prompt action. Many of these cases involve friends and family members who try take advantage of the testator’s trust in them. Courts look for isolation of the testator, a confidential relationship with the influencer, sudden changes from prior estate plans or the influencer’s active participation in preparing the will.
• Failure to meet legal requirements — Texas wills must be written and signed by a legal adult testator, as well as two disinterested witnesses. A possible flaw could be that a witness is an interested party. Additional rules exist for handwritten documents. There is a four-year deadline from the date of the decedent’s passing to start the probate process unless the court finds special circumstances exist.
• Lack of testamentary capacity — To make a valid will, a person must understand the nature of what they are doing. If the testator suffered from dementia, severe illness or another impairment at the time of signing, medical records and witness testimony can support a capacity challenge.

Don’t hesitate to contact a lawyer if you have suspicions about a will, because strict deadlines apply to contest the validity of a testamentary document.  

Our experienced attorneys at Grob & Associates Law Firm PC represent clients in will contests and other forms of probate litigation from our North Texas offices in Rockwall and Wylie. To schedule a consultation, call us at 972-777-5701 or contact us online.