A Texas appeals court has ruled the discovery rule does not apply to will contests--it charged a person interested in the will with constructive notice once the will was probated. The court also discusses the distinction between incapacity requiring guardianship and testamentary incapacity. Merely because a testator acknowledged his incapacity, he was not estopped from alleging that he was competent to make a will.
See Evans v. Allen, No. 01-10-00766-CV (Tex. App. Oct. 27, 2011).Hat Tip: Michael Young, Evans v. Allen: No General Discovery
Rule in Will Contests, Texas Probate Litigation, Nov. 23, 2011.
Posted by David Perry, Managing Associate Editor, Wealth Strategies Journal
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