Evans v. Allen: No general discovery rule in will contests

In Evans v. Allen, the Houston First Court of Appeals affirmed the dismissal of a will contest filed more than two years after the will was admitted to probate.  In affirming the decision of Harris County Probate Court Number One, the Court of Appeals affirmed that the discovery rule does not generally apply to will contests. Section 93 of the Texas Probate Code provides that a will contest must be brought within two years of the will being admited for probate.  The only stated exception is that a suit may be brought to cancel a will for fraud or forgery after the discovery of the fraud or forgery. The appeals court noted that a person interested in an estate is charged with constructive notice of the contents of the public probate records. Therefore, the fact that they may not be actually aware of a will being admitted to probate is no excuse for an untimely contest. Contesting a Will in Texas, including Dallas, Fort Worth, and Houston areas

TXPL, Will contestsMichael Young