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A BILL TO BE ENTITLED
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AN ACT
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relating to certain proceedings relating to an individual's will. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter IV, Texas Probate Code, is amended by |
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adding Section 59B to read as follows: |
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Sec. 59B. ORDERS AFFECTING CERTAIN HEIRS. (a) This section |
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applies only to a person who has executed a will that includes a |
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provision that has the effect of disinheriting an heir of the |
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person. |
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(b) Notwithstanding Section 72 of this code, a person to |
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whom this section applies may apply to the court for an order as |
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prescribed by this section relating to a disinherited heir's |
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standing to institute a proceeding in relation to the applicant's |
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will after the applicant's death. |
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(c) On application and citation and notice to heirs of the |
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applicant, the court, after hearing, may make a finding that: |
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(1) the applicant has sufficient testamentary |
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capacity to make a testamentary disposition of property; |
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(2) there is no undue influence operating on the |
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applicant; |
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(3) there is no tortious interference with the |
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inheritance rights of another relating to the applicant's property; |
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and |
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(4) there is no other cause of action arising in law |
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that may have the same or similar effect as the capacity or a |
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circumstance listed in Subdivision (1), (2), or (3) of this section |
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to modify or defeat the person's will. |
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(d) If the court makes a finding under Subsection (c) of |
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this section, the court shall order that the disinherited heir may |
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not institute in the person's capacity as the applicant's heir a |
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suit under Section 93 of this code to contest the validity of the |
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will that is the subject of an adjudication under this section. |
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(e) A court order entered under this section is final and |
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not subject to appeal. |
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(f) On the applicant's motion, documents and other records |
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placed into evidence in a hearing under this section may be sealed |
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by the court. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |