In Estate of Wynn, William Reese Wynn, Sr. died in 2021, leaving a will from 2003 that primarily benefited his wife Susan. No. 10-23-00187-CV, 2025 Tex. App. LEXIS 9682 (Tex. App.—Waco December 18, 2025, no pet. history). The will included $25,000 bequests to each of his two children from a
no contest clause
Court Reversed A Judgment Based On A No-Contest Clause Because After Nonsuiting The Will Contest Pleading, The Trial Court Did Not Have Jurisdiction Over The Defensive Allegations Concerning The Clause
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re In the Estate of Wegenhoft, an applicant filed an application to probate a will, which contained a no-contest clause. No. 14-23-00350-CV, 2024 Tex. App. LEXIS 5352 (Tex. App.—Houston [14th Dist.] July 30, 2024, no pet. history). Contestants filed their opposition to the will, asserting that the…
Courts Have Ordered Trial Courts To Grant TCPA Motions To Dismiss Based On No-Contest Clause Claims
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
The Texas Legislature created a statute to protect parties’ rights to freedom of speech and to petition the courts: the Texas Citizen’s Participation Act (TCPA). See Tex. Civ. Prac. & Rem. Code Ann. §§ 27.001-.011. The TCPA’s purpose is “to encourage and safeguard the constitutional rights of persons to petition…