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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 83(R)

House Bill 2380

House Author:  Davis, Sarah

Effective:  See below

Senate Sponsor:  Taylor


            House Bill 2380 amends the Texas Probate Code to clarify that a will contestant has the burden to plead and prove by a preponderance of the evidence the good faith and just cause exception to the enforcement of a forfeiture clause in a will. The bill amends the Property Code to clarify that a trust contestant has the same burden of proof regarding the good faith and just cause exception to the enforcement of a forfeiture clause in a trust. The bill makes these provisions effective September 1, 2013.

House Bill 2380 amends the Estates Code, as effective January 1, 2014, to incorporate in that code the bill's provisions amending the Texas Probate Code. The bill makes this provision effective January 1, 2014.