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A BILL TO BE ENTITLED
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AN ACT
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relating to decedents' estates. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 59, Texas Probate Code, is amended by |
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adding Subsection (a-1) and amending Subsection (b) to read as |
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follows: |
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(a-1) As an alternative to the self-proving of a last will |
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and testament by the affidavits of the testator and the attesting |
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witnesses under Subsection (a) of this section, a last will and |
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testament may be simultaneously executed, attested, and made |
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self-proved before an officer authorized to administer oaths under |
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the laws of this state, and the testimony of the witnesses in the |
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probate of the will and testament may be made unnecessary, with the |
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inclusion in the will and testament of the following in form and |
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contents substantially as follows: |
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I, ______________________, as testator, after being duly |
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sworn, declare to the undersigned witnesses and to the undersigned |
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authority that this instrument is my last will and testament, that I |
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have willingly made and executed it in the presence of the |
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undersigned witnesses, all of whom were present at the same time, as |
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my free act and deed, and that I have requested each of the |
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undersigned witnesses to sign this will and testament in my |
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presence and in the presence of each other. I now sign this will and |
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testament in the presence of the attesting witnesses and the |
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undersigned authority on this ______ day of __________, |
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20________________. |
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____________________________________ |
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Testator |
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The undersigned, __________ and __________, each being above |
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fourteen years of age, after being duly sworn, declare to the |
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testator and to the undersigned authority that the testator |
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declared to us that this instrument is the testator's last will and |
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testament and that the testator requested us to act as witnesses to |
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the testator's will and testament and signature. The testator then |
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signed this will and testament in our presence, all of us being |
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present at the same time. The testator is eighteen years of age or |
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over (or being under such age, is or has been lawfully married, or |
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is a member of the armed forces of the United States or of an |
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auxiliary thereof or of the Maritime Service), and we believe the |
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testator to be of sound mind. We now sign our names as attesting |
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witnesses in the presence of the testator, each other, and the |
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undersigned authority on this __________ day of __________, |
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20______________. |
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___________________________ |
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Witness |
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___________________________ |
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Witness |
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Subscribed and sworn to before me by the said _________, |
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testator, and by the said _____________ and ______________, |
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witnesses, this _____ day of __________, 20____________. |
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(SEAL) |
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(Signed) |
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(Official Capacity of Officer) |
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(b) An affidavit in form and content substantially as |
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provided by Subsection (a) of this section is a "self-proving |
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affidavit." A will with a self-proving affidavit subscribed and |
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sworn to by the testator and witnesses attached or annexed to the |
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will, or a will simultaneously executed, attested, and made |
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self-proved as provided by Subsection (a-1) of this section, is a |
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"self-proved will." Substantial compliance with the form of the |
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affidavit provided by Subsection (a) of this section [form of such
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affidavit] shall suffice to cause the will to be self-proved. For |
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this purpose, an affidavit that is subscribed and acknowledged by |
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the testator and subscribed and sworn to by the witnesses would |
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suffice as being in substantial compliance. A signature on a |
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self-proving affidavit as provided by Subsection (a) of this |
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section is considered a signature to the will if necessary to prove |
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that the will was signed by the testator or witnesses, or both, but |
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in that case, the will may not be considered a self-proved will. |
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SECTION 2. Section 471, Texas Probate Code, is amended by |
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adding Subdivisions (1-a), (2-a), and (2-b) and amending |
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Subdivision (2) to read as follows: |
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(1-a) "Dissolution" means the termination of a marriage |
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by divorce, annulment, or a declaration that the marriage is void. |
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(2) "Divorced individual" means an individual whose |
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marriage has been dissolved[, regardless of whether by divorce or
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annulment]. |
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(2-a) "Relative" means an individual who is related to |
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another individual by consanguinity or affinity, as determined |
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under Sections 573.022 and 573.024, Government Code, respectively. |
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(2-b) "Relative of the former spouse" means a relative |
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of the former spouse who is not a relative of the divorced |
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individual. |
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SECTION 3. Chapter XI-A, Texas Probate Code, is amended by |
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adding Section 471A to read as follows: |
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Sec. 471A. DISSOLUTION OF MARRIAGE. For the purposes of |
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this chapter, a marriage has been "dissolved" if the marriage |
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terminates as a result of dissolution. |
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SECTION 4. Sections 472 and 473, Texas Probate Code, are |
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amended to read as follows: |
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Sec. 472. REVOCATION OF CERTAIN NONTESTAMENTARY TRANSFERS |
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ON DISSOLUTION OF MARRIAGE. (a) Except as otherwise provided by a |
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premarital agreement or marital property agreement or by a court |
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order that is a final judgment, including a judgment dissolving the |
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marriage and dividing marital property and an order for payment of |
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child support in a suit affecting the parent-child relationship, |
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the express terms of a trust instrument executed by a divorced |
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individual before the individual's marriage was dissolved, or an |
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express provision of a contract relating to the division of the |
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marital estate entered into between a divorced individual and the |
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individual's former spouse before, during, or after the marriage, |
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the dissolution of the marriage revokes the following: |
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(1) a revocable disposition or appointment of property |
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made by a divorced individual to the individual's former spouse or |
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any relative of the former spouse in a trust instrument executed |
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before the dissolution of the marriage; |
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(2) a provision in a trust instrument executed by a |
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divorced individual before the dissolution of the marriage that |
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confers a general or special power of appointment on the |
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individual's former spouse or any relative of the former spouse; |
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and |
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(3) a nomination in a trust instrument executed by a |
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divorced individual before the dissolution of the marriage that |
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nominates the individual's former spouse or any relative of the |
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former spouse to serve in a fiduciary or representative capacity, |
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including as a personal representative, executor, trustee, |
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conservator, agent, or guardian. |
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(b) After the dissolution of a marriage, an interest granted |
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in a provision of a trust instrument that is revoked under |
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Subsection (a)(1) or (2) of this section passes as if the former |
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spouse of the divorced individual who executed the trust instrument |
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or any relative of the former spouse, as applicable, disclaimed the |
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interest granted in the provision, and an interest granted in a |
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provision of a trust instrument that is revoked under Subsection |
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(a)(3) of this section passes as if the former spouse or any |
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relative of the former spouse, as applicable, died immediately |
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before the dissolution of the marriage. |
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Sec. 473. LIABILITY FOR CERTAIN PAYMENTS, BENEFITS, AND |
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PROPERTY. (a) A bona fide purchaser of property from a divorced |
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individual's former spouse or any relative of the former spouse or a |
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person who receives from a divorced individual's former spouse or |
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any relative of the former spouse a payment, benefit, or property in |
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partial or full satisfaction of an enforceable obligation: |
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(1) is not required by this chapter to return the |
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payment, benefit, or property; and |
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(2) is not liable under this chapter for the amount of |
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the payment or the value of the property or benefit. |
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(b) A divorced individual's former spouse or any relative of |
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the former spouse who, not for value, receives a payment, benefit, |
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or property to which the former spouse or the relative of the former |
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spouse is not entitled as a result of Section 472(a) of this code: |
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(1) shall return the payment, benefit, or property to |
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the person who is otherwise entitled to the payment, benefit, or |
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property as provided by this chapter; or |
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(2) is personally liable to the person described by |
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Subdivision (1) of this subsection for the amount of the payment or |
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the value of the benefit or property received. |
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SECTION 5. Section 70, Texas Probate Code, is repealed. |
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SECTION 6. The changes in law made by this Act to Sections |
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471, 472, and 473, Texas Probate Code, as amended by this Act, and |
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Section 471A, Texas Probate Code, as added by this Act, apply only |
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to a divorced individual who dies on or after the effective date of |
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this Act. |
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SECTION 7. This Act takes effect September 1, 2009. |