PMWJ S.B. 1176 75(R)BILL ANALYSIS JUDICIAL AFFAIRS S.B. 1176 By: Whitmire (Hawley) 5-8-97 Committee Report (Amended) BACKGROUND Currently, according to State Bar ethics rules, probate attorneys are not supposed to include themselves in a will that the attorneys write for a non-family member. Some probate attorneys have written themselves into wills knowing that they can receive sums of money or property for doing so, with the only potential punishment under the ethics rules being disbarment. With a growing elderly population in Texas, there has been an increase in attorneys who have, unknowingly to the testator or rightful heirs, written themselves into wills. PURPOSE S.B. 1176 voids bequests and devises in a will to the attorney who prepared or supervised the preparation of the will unless the testator is related to the attorney or the attorney's heirs within the second degree by consanguinity or affinity. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1 amends Chapter IV, Probate Code, by adding Section 58b, as follows: Sec. 58b. DEVISES AND BEQUESTS THAT ARE VOID. Provides that a devise or bequest of property in a will to an attorney who prepares or supervises the preparation of the will or a devise or bequest of property in a will to an heir or employee of the attorney who prepares or supervises the preparation of the will is void. Provides that this section does not apply to a bequest made to a person who is related within the second degree by consanguinity or affinity to the testator. SECTION 2. Effective date. Application of act. SECTION 3. Emergency clause. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 strikes "or employee" [of the attorney] from the list of persons who are prohibited from receiving a devise or bequest of property in a will prepared by the attorney. Committee Amendment No. 2 inserts ", nor to a bona fide purchaser for value from a devisee in a will" to ensure that bona fide purchasers for value of a void bequest or devise are exempt from this act.