Wednesday, November 21, 2012
On an interesting note, testators have the right to write a will that creates what some may consider to be an unjust disposition. Past courts have stated that if a testator "has the capacity to make a will, he many make it as unjust as revenge can dictate."
See Heirs of Goza v. Estate of Potts, 374 S.W.3d 132 (Ark. Ct. App. 2012), Westlaw Headnote of the Day, Nov. 20, 2012.
Special thanks to Darlene Murphy (Texas Tech University School of Law, J.D. Candidate 2013) for bringing this article to my attention.