Will Unduly Influenced and Not Offered For Probate in Good Faith.

The decedent, shortly before death, executed a will that revoked his prior will.  The last will completely changed  the disposition of the decedent’s estate by leaving the decedent’s farm to his daughter in contrast the prior wills that had benefitted the decedent’s son that had worked on the farm for his entire life.  The daughter offered the last will for probate.  The probate court determined that, based on the evidence, the daughter had unduly influenced the will and had not offered it for probate in good faith.  On appeal, the court affirmed.  The court found it persuasive that the last will deviated from the disposition pattern of prior will that had benefitted the son, that testimony showed that the decedent’s state of mind and physical and mental condition was poor and that the circumstances surrounding the drafting and execution of the will compelled a conclusion of undue influence.  As a result the, the trial court’s determination was upheld.  In re Estate of Hanson, No. 11-13-00113-CV, 2015 Tex. App. LEXIS 4400 (Tex. Ct. App. Apr. 30, 2015).