By: Taylor S.B. No. 1734
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an allowance of challenging a will.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 64, Probate Code, is amended to read as
  follows:
         Sec. 64.  FORFEITURE CLAUSE.  A provision in a will that
  would cause a forfeiture of or void a devise or provision in favor
  of a person for bringing any court action, including contesting a
  will, is [un]enforceable [if] unless the court finds that the
  person challenging the forfeiture clause establishes by a
  preponderance of the evidence that:
               (1)  just cause existed for bringing the action; and
               (2)  the action was brought and maintained in good
  faith.
         SECTION 2.  Section 112.038, Property Code, is amended to
  read as follows:
         Sec. 112.038.  FORFEITURE CLAUSE.  A provision in a trust
  that would cause a forfeiture of or void an interest for bringing
  any court action, including contesting a trust, is [un]enforceable
  [if] unless the court finds that the person challenging the
  forfeiture clause establishes by a preponderance of the evidence
  that:
               (1)  just cause existed for bringing the action; and
               (2)  the action was brought and maintained in good
  faith.
         SECTION 3.  Section 254.005, Estates Code, is amended to read
  as follows:
         Sec. 254.005.  FORFEITURE CLAUSE.  A provision in a will
  that would cause a forfeiture of or void a devise or provision in
  favor of a person for bringing any court action, including
  contesting a will, is [un]enforceable [if] unless the court finds
  that the person challenging the forfeiture clause establishes by a
  preponderance of the evidence that:
               (1)  just cause existed for bringing the action; and
               (2)  the action was brought and maintained in good
  faith.
         SECTION 4.  This Act applies to all actions commenced on or
  after the effective date of this Act.  An action commenced prior to
  the effective date of this Act is governed by the law as it existed
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2013.