Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Saturday, October 22, 2016

Challenging Mental Capacity in Marriage

Capacity to marry A common scenario in estate litigation involves a common law widow seeking a share of an estate. Circumstantially, Texas recognizes common law marriage, and it is effectively the same as a formal marriage. In Estate of Matthews III, a court of appeals ruled that a decedent did not have sufficient mental capacity to marry when he married his caregiver only ten weeks before passing away. When evidence proving mental capacity is conflicting, oftentimes, the court will find that the decedent lacked the mental capacity. 

See J. Michael Young, Estate of Matthews: Successful Challenge to Marriage, Texas Probate Litigation, October 18, 2016. 

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.



Estate Planning - Generally, New Cases | Permalink


Post a comment