no-contest clause in Texas

2020Badouh v. Hale, 22 S.W.3d 392, 397 (Tex. 2000). 23 In terrorem clauses are to be strictly construed and forfeiture avoided if possible.

2014These declaratory-judgment claims were properly asserted under the Declaratory *122 Judgments Act. 5 See Badouh v. Hale, 22 S.W.3d 392, 394, 397 (Tex.2000) (adjudicating declaratory-judgment claim as to whether will beneficiary violated will’s no-contest provision).

2003See Gunter , 672 S.W.2d at 844 .

2000See Gunter, 672 S.W.2d at 842 .

1998See Estate of Hodges, 725 S.W.2d 265, 268 (Tex.App.—Amarillo 1986, writ ref'd n.r.e.) (action to construe rather than contest the will did not violate no-contest clause); Estate of Minnick, 653 S.W.2d 503, 507-08 (Tex.App.—Amarillo 1983, no writ) (action against executors seeking final accounting, partition, distribution and closing of estate was not contest of will under no-contest clause).

1998See Estate of Hodges , 725 S.W.2d 265, 268 (Tex. App.--Amarillo 1986, writ ref'd n.r.e.) (action to construe rather than contest the will did not violate no-contest clause); Estate of Minnick , 653 S.W.2d 503, 507-08 (Tex. App.--Amarillo 1983, no writ) (action against executors seeking final accounting, partition, distribution and closing of estate was not contest of will under no-contest clause).

1998See Estate of Hodges, 725 S.W.2d 265, 268 (Tex.App.—Amarillo 1986, writ ref'd n.r.e.) (action to construe rather than contest the will did not violate no-contest clause); Estate of Minnick, 653 S.W.2d 503, 507-08 (Tex.App.—Amarillo 1983, no writ) (action against executors seeking final accounting, partition, distribution and closing of estate was not contest of will under no-contest clause).

1998See Estate of Hodges , 725 S.W.2d 265, 268 (Tex. App.--Amarillo 1986, writ ref'd n.r.e.) (action to construe rather than contest the will did not violate no-contest clause); Estate of Minnick , 653 S.W.2d 503, 507-08 (Tex. App.--Amarillo 1983, no writ) (action against executors seeking final accounting, partition, distribution and closing of estate was not contest of will under no-contest clause).

2016In In re Estate of Gibbons, the trial court admitted the will to probate and entered a declaratory judgment after the conclusion of a jury trial. 451 S.W.3d 115, 119 (Tex.App.-Houston [14th Dist.] 2014, pet. denied). .After the jury .determined fact issues necessary to adjudicate the declaratory judgment action, the trial court signed an order admitting one will to probate, denying probate as to two other wills, and, in light of the jury’s findings relevant to the will’s no-contest clause, declaring two bequests in the probated will revoked.

2016Id.

2003See, e.g., Estate of Hamill , 866 S.W.2d 339, 343 (Tex. App.-Amarillo 1993, no writ) (holding that beneficiary who appeals a judgment denying will contest is subject to no-contest clause). (5) Finally, if it is determined that McKissick's motion for new trial does trigger the no-contest clause in the Will, a further determination of whether McKissick filed the motion in good faith and on probable cause may follow.

2003See, e.g., Estate of Hamill , 866 S.W.2d 339, 343 (Tex. App.-Amarillo 1993, no writ) (holding that beneficiary who appeals a judgment denying will contest is subject to no-contest clause). (5) Finally, if it is determined that McKissick's motion for new trial does trigger the no-contest clause in the Will, a further determination of whether McKissick filed the motion in good faith and on probable cause may follow.

2003See, e.g., Estate of Newbill , 781 S.W.2d 727, 729 (Tex. App.-Amarillo 1989, no writ). (4) Other particular actions have been held to trigger the forfeiture provisions of a no-contest clause.

2003Determination of the issues associated with a no-contest clause in a will requires more than the determination of "perfunctory issues which can be procedurally cured by the trial court entering a clarifying or similar order." Garcia v. Comm'rs Court of Cameron County, Tex. , No. 13-01-201-CV, 2003 Tex. App. LEXIS 2526, at *22 (Tex. App.-Corpus Christi March 27, 2003, no pet. h.).

2003Determination of the issues associated with a no-contest clause in a will requires more than the determination of "perfunctory issues which can be procedurally cured by the trial court entering a clarifying or similar order." Garcia v. Comm'rs Court of Cameron County, Tex. , No. 13-01-201-CV, 2003 Tex. App. LEXIS 2526, at *22 (Tex. App.-Corpus Christi March 27, 2003, no pet. h.).

2000See id. at 424 .

1993Even so, as did the court in San Antonio Villa Del Sol v. Miller, 761 S.W.2d 460, 462 (Tex.App.-San Antonio 1988, no writ), in determining whether each distributee violated the no-contest clause of the will thereby resulting in the forfeiture of their bequest, we will consider all of the evidence in the record.

1993Sheffield v. Scott, 662 S.W.2d 674, 676-77 (Tex.App.-Houston [14th Dist.] 1983, writ ref'd n.r.e.).