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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement that a will be attested by witnesses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 251.051, Estates Code, as effective |
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January 1, 2014, is amended to read as follows: |
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Sec. 251.051. WRITTEN, SIGNED, AND ATTESTED. Except as |
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otherwise provided by law, a last will and testament must be: |
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(1) in writing; |
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(2) signed by: |
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(A) the testator in person; or |
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(B) another person on behalf of the testator: |
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(i) in the testator's presence; and |
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(ii) under the testator's direction; and |
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(3) attested by two or more credible witnesses: |
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(A) who are at least 14 years of age; |
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(B) [and] who subscribe their names to the will |
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in their own handwriting; and |
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(C) each of whom witnesses one of the following: |
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(i) the signing under Subdivision (2); |
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(ii) the testator's acknowledgment of the |
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signature under Subdivision (2); or |
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(iii) the testator's acknowledgment of the |
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will [in the testator's presence]. |
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SECTION 2. Section 251.051, Estates Code, as amended by |
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this Act, applies only to a will executed on or after the effective |
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date of this Act. A will executed before the effective date of this |
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Act is governed by the law in effect on the date the will was |
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executed, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect January 1, 2014. |