83R10097 MTB-D
By: West S.B. No. 1421
A BILL TO BE ENTITLED
AN ACT
relating to the requirement that a will be attested by witnesses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 251.051, Estates Code, as effective
January 1, 2014, is amended to read as follows:
Sec. 251.051. WRITTEN, SIGNED, AND ATTESTED. Except as
otherwise provided by law, a last will and testament must be:
(1) in writing;
(2) signed by:
(A) the testator in person; or
(B) another person on behalf of the testator:
(i) in the testator's presence; and
(ii) under the testator's direction; and
(3) attested by two or more credible witnesses:
(A) who are at least 14 years of age;
(B) [and] who subscribe their names to the will
in their own handwriting; and
(C) each of whom witnesses one of the following:
(i) the signing under Subdivision (2);
(ii) the testator's acknowledgment of the
signature under Subdivision (2); or
(iii) the testator's acknowledgment of the
will [in the testator's presence].
SECTION 2. Section 251.051, Estates Code, as amended by
this Act, applies only to a will executed on or after the effective
date of this Act. A will executed before the effective date of this
Act is governed by the law in effect on the date the will was
executed, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect January 1, 2014.