| 1 | 1 | | By: Wentworth S.B. No. 1789 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to certain proceedings relating to an individual's will. |
|---|
| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 8 | | SECTION 1. Chapter IV, Texas Probate Code, is amended by |
|---|
| 9 | 9 | | adding Section 59B to read as follows: |
|---|
| 10 | 10 | | Sec. 59B. ORDERS AFFECTING CERTAIN HEIRS. (a) This |
|---|
| 11 | 11 | | section applies only to a person who has executed a will that |
|---|
| 12 | 12 | | includes a provision that has the effect of disinheriting an heir of |
|---|
| 13 | 13 | | the person. |
|---|
| 14 | 14 | | (b) Notwithstanding Section 72 of this code, a person to |
|---|
| 15 | 15 | | whom this section applies may apply to the court for an order as |
|---|
| 16 | 16 | | prescribed by this section relating to a disinherited heir's |
|---|
| 17 | 17 | | standing to institute a proceeding in relation to the applicant's |
|---|
| 18 | 18 | | will after the applicant's death. |
|---|
| 19 | 19 | | (c) On application and citation and notice to heirs of the |
|---|
| 20 | 20 | | applicant, the court, after hearing, may make a finding that: |
|---|
| 21 | 21 | | (1) the applicant has sufficient testamentary |
|---|
| 22 | 22 | | capacity to make a testamentary disposition of property; |
|---|
| 23 | 23 | | (2) there is no undue influence operating on the |
|---|
| 24 | 24 | | applicant; |
|---|
| 25 | 25 | | (3) there is no tortious interference with the |
|---|
| 26 | 26 | | inheritance rights of another relating to the applicant's property; |
|---|
| 27 | 27 | | and |
|---|
| 28 | 28 | | (4) there is no other cause of action arising in law |
|---|
| 29 | 29 | | that may have the same or similar effect as the capacity or a |
|---|
| 30 | 30 | | circumstance listed in Subdivision (1), (2), or (3) of this |
|---|
| 31 | 31 | | subsection to modify or defeat the person's will. |
|---|
| 32 | 32 | | (d) If the court makes a finding under Subsection (c) of |
|---|
| 33 | 33 | | this section, the court shall order that the disinherited heir may |
|---|
| 34 | 34 | | not institute in the person's capacity as the applicant's heir a |
|---|
| 35 | 35 | | suit under Section 93 of this code to contest the validity of the |
|---|
| 36 | 36 | | will that is the subject of an adjudication under this section. |
|---|
| 37 | 37 | | (e) A court order entered under this section is final and |
|---|
| 38 | 38 | | not subject to appeal. |
|---|
| 39 | 39 | | (f) On the applicant's motion, documents and other records |
|---|
| 40 | 40 | | placed into evidence in a hearing under this section may be sealed |
|---|
| 41 | 41 | | by the court. |
|---|
| 42 | 42 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 46 | 46 | | Act takes effect September 1, 2009. |
|---|