Bill Text: TX SB1734 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to an allowance of challenging a will.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-03-25 - Referred to Jurisprudence [SB1734 Detail]
Download: Texas-2013-SB1734-Introduced.html
By: Taylor | S.B. No. 1734 | |
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relating to an allowance of challenging a will. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 64, Probate Code, is amended to read as | ||
follows: | ||
Sec. 64. FORFEITURE CLAUSE. A provision in a will that | ||
would cause a forfeiture of or void a devise or provision in favor | ||
of a person for bringing any court action, including contesting a | ||
will, is [ |
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person challenging the forfeiture clause establishes by a | ||
preponderance of the evidence that: | ||
(1) just cause existed for bringing the action; and | ||
(2) the action was brought and maintained in good | ||
faith. | ||
SECTION 2. Section 112.038, Property Code, is amended to | ||
read as follows: | ||
Sec. 112.038. FORFEITURE CLAUSE. A provision in a trust | ||
that would cause a forfeiture of or void an interest for bringing | ||
any court action, including contesting a trust, is [ |
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[ |
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forfeiture clause establishes by a preponderance of the evidence | ||
that: | ||
(1) just cause existed for bringing the action; and | ||
(2) the action was brought and maintained in good | ||
faith. | ||
SECTION 3. Section 254.005, Estates Code, is amended to read | ||
as follows: | ||
Sec. 254.005. FORFEITURE CLAUSE. A provision in a will | ||
that would cause a forfeiture of or void a devise or provision in | ||
favor of a person for bringing any court action, including | ||
contesting a will, is [ |
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that the person challenging the forfeiture clause establishes by a | ||
preponderance of the evidence that: | ||
(1) just cause existed for bringing the action; and | ||
(2) the action was brought and maintained in good | ||
faith. | ||
SECTION 4. This Act applies to all actions commenced on or | ||
after the effective date of this Act. An action commenced prior to | ||
the effective date of this Act is governed by the law as it existed | ||
immediately before the effective date of this Act, and that law is | ||
continued in effect for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2013. |