Sec. 58b. DEVISES AND BEQUESTS THAT ARE VOID    


Latest version.
  • (a) A devise or bequest of property in a will is void if the devise or bequest is made to:

    (1) an attorney who prepares or supervises the preparation of the will;

    (2) a parent, descendant of a parent, or employee of the attorney described by Subdivision (1) of this subsection; or

    (3) a spouse of an individual described by Subdivision (1) or (2) of this subsection.

    (b) This section does not apply to:

    (1) a devise or bequest made to a person who:

    (A) is the testator's spouse;

    (B) is an ascendant or descendant of the testator; or

    (C) is related within the third degree by consanguinity or affinity to the testator; or

    (2) a bona fide purchaser for value from a devisee in a will.

Added by Acts 1997, 75th Leg., ch. 1054, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 527, Sec. 1, eff. June 11, 2001. Amended by: Acts 2005, 79th Leg., Ch. 551 , Sec. 2, eff. September 1, 2005.