Texas courts have applied the rule 503(d)(2) exception when a party contends the information is relevant to a claim that a decedent lacked capacity to execute codicils or trust documents or was subject to undue influence. See, e.g.,In re Tex. A&M Corpus Christi Found., Inc. , 84 S.W.3d 358, 361 (Tex. App.—Corpus Christi 2002, orig. proceeding) (permitting depositions of decedent’s counsel regarding decedent’s intentions and capacity where Foundation alleged decedent’s gift was planned and valid but estate contended gift was procured through fraud); see alsoIn re Durbin , No. 03-16-00583-CV, 2017 WL 2628069, at *4 (Tex. App.—Austin June 16, 2017, orig. proceeding) (mem. op.) (trial court concluded estate-planning documents were relevant to decedent’s capacity and were excepted from attorney-client privilege under rule 503(d)(2) ).Discussion