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A BILL TO BE ENTITLED
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AN ACT
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relating to a provision in a will or trust that would cause a |
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forfeiture of or void an interest for bringing any court action, |
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including contesting the will or trust. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. CHANGES TO TEXAS PROBATE CODE |
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SECTION 1.01. Section 64, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 64. FORFEITURE CLAUSE. A provision in a will that |
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would cause a forfeiture of or void a devise or provision in favor |
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of a person for bringing any court action, including contesting a |
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will, is enforceable unless in a court action determining whether |
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the forfeiture clause should be enforced, the person who brought |
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the action contrary to the forfeiture clause establishes by a |
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preponderance of the evidence that [unenforceable if]: |
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(1) just cause existed for bringing the action; and |
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(2) the action was brought and maintained in good |
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faith. |
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ARTICLE 2. CHANGES TO ESTATES CODE |
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SECTION 2.01. Section 254.005, Estates Code, as effective |
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January 1, 2014, is amended to read as follows: |
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Sec. 254.005. FORFEITURE CLAUSE. A provision in a will |
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that would cause a forfeiture of or void a devise or provision in |
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favor of a person for bringing any court action, including |
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contesting a will, is enforceable unless in a court action |
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determining whether the forfeiture clause should be enforced, the |
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person who brought the action contrary to the forfeiture clause |
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establishes by a preponderance of the evidence that [unenforceable
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if]: |
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(1) just cause existed for bringing the action; and |
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(2) the action was brought and maintained in good |
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faith. |
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SECTION 2.02. Section 64, Texas Probate Code, as amended by |
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Article 1 of this Act, is repealed. |
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SECTION 2.03. This article takes effect January 1, 2014. |
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ARTICLE 3. CHANGES TO PROPERTY CODE |
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SECTION 3.01. Section 112.038, Property Code, is amended to |
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read as follows: |
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Sec. 112.038. FORFEITURE CLAUSE. A provision in a trust |
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that would cause a forfeiture of or void an interest for bringing |
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any court action, including contesting a trust, is enforceable |
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unless in a court action determining whether the forfeiture clause |
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should be enforced, the person who brought the action contrary to |
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the forfeiture clause establishes by a preponderance of the |
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evidence that [unenforceable if]: |
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(1) just cause existed for bringing the action; and |
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(2) the action was brought and maintained in good |
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faith. |
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SECTION 3.02. Section 112.038, Property Code, as amended by |
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this Act, applies to a court action commenced on or after the |
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effective date of this Act. An action commenced before the |
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effective date of this Act is governed by the law applicable to the |
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action immediately before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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ARTICLE 4. EFFECTIVE DATE |
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SECTION 4.01. Except as otherwise provided by this Act, |
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this Act takes effect September 1, 2013. |