The Court of Appeals for the Seventh District of Texas, wrote an opinion regarding lost wills in the case of In re Estate of Catlin, 311 S.W.3d 697 (Tex. App. - Amarillo 2010, pet. denied). Specifically, the court found that the proponent did not have to demonstrate an affirmative reason for why the original will could not be located and allowed the proponent to rely upon a copy. This opinion makes it more difficult for a testator to revoke a will by physical act since the burden of demonstrating the revocation is no longer on the proponent. The case also highlights the importance of clearly specifying methods of revocation in a will.
Please click here to read the entire opinion.
Posted by Shahzeb Gaziani, Senior Associate Editor, Wealth Strategies Journal.
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