Texas House Bill HB1969

Texas 2009 - 81st Regular

• Out of House Committee: 4/17/09
• Voted on by House: 4/29/09
• Out of Senate Committee: 5/18/09
• Voted on by Senate: 5/21/09
• Governor Action: 6/19/09
• Report Pass: 5/18/09
• Enrolled: 5/26/09
• Passed: 6/19/09

Caption

Relating to the enforcement of certain provisions in a will or trust that forfeit or void devises or interests.

Impact

The implications of HB 1969 could significantly affect estate planning and probate procedures in Texas. It allows individuals with just cause to contest a will or trust without the fear of facing penalties that might dissuade them from pursuing their legitimate claims. This legislative change may thus promote transparency and fairness in estate matters, ensuring that those who seek to contest potential misalignments with the deceased's intentions can do so without unwarranted repercussions.

Summary

House Bill 1969 addresses the enforcement of penalty clauses within wills and trusts that may seek to discourage or penalize individuals for contesting these documents. The bill outlines specific situations in which such penalty provisions would be deemed unenforceable, primarily focusing on instances where the contest is brought forth with probable cause and in good faith. By clarifying these conditions, the bill seeks to protect individuals from penalties that could otherwise deter legitimate challenges to wills and trusts.

Contention

While the bill aims to protect the rights of contesting parties, it may raise concerns from those who have drafted wills and trusts with penalty clauses. Critics of HB 1969 might argue that such a measure undermines the decedent's intent, as families could be embroiled in litigation if multiple parties feel empowered to contest a will. Balancing the need for legitimate contestation against the original intent of the estate planner could lead to potential disputes over the interpretation of what constitutes 'probable cause' and 'good faith' in contesting actions.