S.B. No. 1176

BEQUESTS TO ATTORNEY WHO PREPARED WILL ARE VOID

Effective Date: September 1, 1997

AN ACT

relating to the validity of certain devises or bequests.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1.  Chapter IV, Texas Probate Code, is amended by adding Section 58b to read as follows:

Sec. 58b.  DEVISES AND BEQUESTS THAT ARE VOID. (a)  A devise or bequest of property in a will to an attorney who prepares or supervises the preparation of the will or a devise or bequest of property in a will to an heir or employee of the attorney who prepares or supervises the preparation of the will is void.

(b)  This section does not apply to a bequest made to a person who is related within the second degree by consanguinity or affinity to the testator, nor to a bona fide purchaser for value from a devisee in a will.

SECTION 2.  This Act takes effect September 1, 1997, and applies only to a will executed on or after that date. 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 that law is continued in effect for that purpose.

SECTION 3.  The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.


Courtesy of Glenn M. Karisch, Ikard & Golden, P. C., Austin, Texas. This page was last revised on June 12, 1997.