By: S. Davis of Harris H.B. No. 2380
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CHANGES TO TEXAS PROBATE CODE
SECTION 1.01. Section 64, Texas 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 enforceable unless in a court action determining whether
the forfeiture clause should be enforced, the person who brought
the action contrary to the forfeiture clause establishes by a
preponderance of the evidence that [unenforceable if]:
(1) just cause existed for bringing the action; and
(2) the action was brought and maintained in good
faith.
ARTICLE 2. CHANGES TO ESTATES CODE
SECTION 2.01. Section 254.005, Estates Code, as effective
January 1, 2014, 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 enforceable unless in a court action
determining whether the forfeiture clause should be enforced, the
person who brought the action contrary to the forfeiture clause
establishes by a preponderance of the evidence that [unenforceable
if]:
(1) just cause existed for bringing the action; and
(2) the action was brought and maintained in good
faith.
SECTION 2.02. Section 64, Texas Probate Code, as amended by
Article 1 of this Act, is repealed.
SECTION 2.03. This article takes effect January 1, 2014.
ARTICLE 3. CHANGES TO PROPERTY CODE
SECTION 3.01. 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 enforceable
unless in a court action determining whether the forfeiture clause
should be enforced, the person who brought the action contrary to
the forfeiture clause establishes by a preponderance of the
evidence that [unenforceable if]:
(1) just cause existed for bringing the action; and
(2) the action was brought and maintained in good
faith.
SECTION 3.02. Section 112.038, Property Code, as amended by
this Act, applies to a court action commenced on or after the
effective date of this Act. An action commenced before the
effective date of this Act is governed by the law applicable to the
action immediately before the effective date of this Act, and that
law is continued in effect for that purpose.
ARTICLE 4. EFFECTIVE DATE
SECTION 4.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2013.