Texas House Bill HB2380

Texas 2013 - 83rd Regular

Caption

Relating to a provision in a will or trust that would cause a forfeiture of or void an interest for bringing any court action, including contesting the will or trust.

Impact

The passage of HB 2380 impacts existing laws by setting a clearer standard for the enforcement of forfeiture clauses. Under the revised statutes, an individual contesting a will or trust may avoid forfeiture if they can prove, by a preponderance of the evidence, that their actions were justified and in good faith. This shift could lead to a broader interpretation and application of the law, allowing for more individuals to contest wills and trusts without fear of losing their inherited interests immediately.

Summary

House Bill 2380 amends provisions in the Texas Probate Code, Estates Code, and Property Code regarding forfeiture clauses in wills and trusts. Specifically, it addresses the enforceability of such clauses, which would cause a forfeiture or void an interest for an individual bringing any court action, including a will or trust contest. The bill establishes that these clauses are generally enforceable, but it also allows exceptions based on evidence of just cause and good faith action by the individual contesting the will or trust.

Contention

While HB 2380 received unanimous support during voting, there may be underlying concerns about its implications for estate disputes. Some stakeholders, particularly those involved in estate planning and trusts, might worry that the amended provisions create a pathway for increased litigation, leading to more contested wills and trusts. However, supporters argue that these changes enhance justice by providing those with legitimate claims a fair chance to present their case without the deterrent of losing their interest outright.