Will Interpretation in Texas

The basic principle in construing or interpreting a will is to ascertain the intent of the testator or the decedent. Hancock v. Krause, 757 S.W.2d 117, 119 (Tex. App.--Houston [1st Dist.] 1988, no writ). In other words, what was the general intent of the decedent person for his or her estate. If the language of the will is unambiguous and plainly expresses that intention, it is unnecessary for the court to apply the technical rules of construction; rather, the court is confined to a mere legal interpretation and enforcement of the testator's intention. Id. (citing Silverthorn v. Jennings, 620 S.W.2d 894, 896 (Tex. Civ. App.--Amarillo 1981, writ ref'd n.r.e.)). If the will is ambiguous then a court may apply rules of contract interpretation such as applying the "four corners" rule in determining the intent of the person who signed the will within the limits of the document signed or within the four corners of the document itself without any outside influence and merely reconciling the words, phrases and sentences within the document.

To determine the testator's intent, courts consider the whole instrument and, if possible, harmonize every provision of the will with all others to give the will its proper effect. Id. at 119-20 (citing Republic Nat'l Bank v. Fredericks, 155 Tex. 79, 283 S.W.2d 39 (1955)).

Moreover, in interpreting a will, a will is not effective until the death of the testator, and a devise will lapse if the devisee dies before the testator, so testators often include alternate dispositions, in case a beneficiary dies before the testator. See Coleman v. Jackson, 126 S.W. 1178, 1179-80 (Tex. Civ. App.--San Antonio 1910, writ ref'd). Reference to death of devisee when coupled with a provision for an alternate beneficiary is usually construed to mean death prior to that of the testator. Austin Presbyterian Theological Seminary v. Moorman, 391 S.W.2d 717, 722 (Tex. 1965). Similarly, a person's heirs are not determined until his or her death. See Tex. Prob. Code Ann. §§ 3, 37 (Vernon 2003 & Vernon Supp. 2007).

Generally, will disputes arise because of poor language in a will or unclear directives within a last will and testament of a testator or testatrix. In Texas, probate courts are given the jurisdiction in handling will disputes. This usually arises when significant property is at stake, and siblings and or will beneficiaries may fight about the proper interpretation of a will.

To avoid such will disputes, it is best to consult with an estate lawyer or probate attorney to draft a properly written will without leaving any room for interpretation, that is the plain meaning and language in the will is clear enough so as reasonable minds do not differ on the proper interpretation or application of a will provision. Especially when dealing with high net worth estates, it is best to leave the drafting of a will or probate legal document to the trained lawyer or attorney experienced in estate planning and or probate laws in Texas.