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A BILL TO BE ENTITLED
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AN ACT
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relating to an allowance of challenging a will. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 64, Probate Code, is amended to read as |
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follows: |
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Sec. 64. FORFEITURE CLAUSE. A provision in a will that would |
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cause a forfeiture of or void a devise or provision in favor of a |
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person for bringing any court action, including contesting a will, |
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is [un]enforceable [if] unless the court finds that the person |
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challenging the forfeiture clause establishes by a preponderance of |
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the evidence that: |
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(1) just cause existed for bringing the action; and |
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(2) the action was brought and maintained in good |
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faith. |
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SECTION 2. Section 112.038, Property Code, is amended to |
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read as follows: |
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Sec. 112.038. FORFEITURE CLAUSE. A provision in a trust |
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that would cause a forfeiture of or void an interest for bringing |
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any court action, including contesting a trust, is [un]enforceable |
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[if] unless the court finds that the person challenging the |
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forfeiture clause establishes by a preponderance of the evidence |
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that: |
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(1) just cause existed for bringing the action; and |
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(2) the action was brought and maintained in good |
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faith. |
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SECTION 3. Section 254.005, Estates Code, is amended to |
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read as follows: |
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Sec. 254.005. FORFEITURE CLAUSE. A provision in a will that |
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would cause a forfeiture of or void a devise or provision in favor |
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of a person for bringing any court action, including contesting a |
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will, is [un]enforceable [if] unless the court finds that the |
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person challenging the forfeiture clause establishes by a |
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preponderance of the evidence that: |
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(1) just cause existed for bringing the action; and |
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(2) the action was brought and maintained in good |
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faith. |
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SECTION 4. This Act applies to all actions commenced on or |
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after the effective date of this Act. An action commenced prior to |
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the effective date of this Act is governed by the law as it existed |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2013. |