The Will Contest--Injunction Interface

In Goldthorn v. Goldthorn, 242 S.W.3d 797 (Tex. App.—San Antonio 2007, no pet. h.), the trial court issued a temporary injunction freezing the testatrix’s assets until a suit to aside the testatrix’s will on the basis of lack of capacity was concluded.

The appellate court reversed holding that there was no evidence that (1) an irreparable injury would occur if the injunction were not granted or (2) that the will contest action had a probable chance of succeeding.

Moral:  To obtain a temporary injunction freezing estate assets, it is essential for the will contestant to show that (1) an irreparable injury would occur if the injunction is not granted, and (2) that the will contest has a probable chance of succeeding.