By: Taylor S.B. No. 1734
A BILL TO BE ENTITLED
AN ACT
relating to an allowance of challenging a will.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 64, 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 [un]enforceable [if] unless the court finds that the
person challenging the forfeiture clause establishes by a
preponderance of the evidence that:
(1) just cause existed for bringing the action; and
(2) the action was brought and maintained in good
faith.
SECTION 2. 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 [un]enforceable
[if] unless the court finds that the person challenging the
forfeiture clause establishes by a preponderance of the evidence
that:
(1) just cause existed for bringing the action; and
(2) the action was brought and maintained in good
faith.
SECTION 3. Section 254.005, Estates Code, 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 [un]enforceable [if] unless the court finds
that the person challenging the forfeiture clause establishes by a
preponderance of the evidence that:
(1) just cause existed for bringing the action; and
(2) the action was brought and maintained in good
faith.
SECTION 4. This Act applies to all actions commenced on or
after the effective date of this Act. An action commenced prior to
the effective date of this Act is governed by the law as it existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2013.