pjc-family-2024-lib

W ILL C ONTESTS

PJC 230.3

United States Armed Forces, an auxiliary of the United States Armed Forces, or the United States Maritime Service; or 4. The document was attested by two or more credible persons who were at least fourteen years of age and who signed their names to the docu ment in their own handwriting in the decedent’s presence; or 5. The decedent signed the document with the intent to dispose of his property at his death. Answer “Yes” or “No.” Answer: _______________ [Include additional questions and instructions related to the validity of the will as needed, including testamentary capacity, revocation, and undue influence, together with appropriate conditioning instructions.] COMMENT Source. Items 1, 2, and 4 in the foregoing submissions are based on Tex. Est. Code § 251.051. Item 3 is based on Tex. Est. Code § 251.001. Item 5, which incorpo rates the definition of “testamentary intent,” is based on Hinson v. Hinson , 280 S.W.2d 731 (Tex. 1955); Price v. Huntsman , 430 S.W.2d 831 (Tex. App.—Waco 1968, writ ref’d n.r.e.); and Tex. Est. Code § 101.001. When to use. The foregoing submissions are appropriate for use when a wit nessed will is in issue. If a nonwitnessed holographic will is the subject, see PJC 230.4 (holographic will). If a holographic will that has been witnessed is the subject, either the foregoing submission or PJC 230.4 may be used. Identifying document. Any appropriate wording to identify the document may be used in place of the document dated DATE in the question. For example, the docu ment might be identified by its exhibit number. Burden of proof. See PJC 230.1 (burden of proof (comment)) concerning the burden of proof before and after a will is admitted to probate. Before a will is admitted to probate, the proponent of the will has the burden to prove the requirements of a valid will. Cravens v. Chick , 524 S.W.2d 425, 427 (Tex. App.—Fort Worth 1975, writ ref’d n.r.e.). After a will has been admitted to probate, the burden of proof shifts to the contestant to disprove at least one requirement to make it a valid will. Lee v. Lee , 424 S.W.2d 609 (Tex. 1968). If not all requirements in dispute. Only the requirements in dispute in the par ticular case should be submitted. If only one requirement is in dispute, substitute the phrase the following requirement for the phrase all the following requirements in the

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