Sec. 112.038. FORFEITURE CLAUSE  


Latest version.
  • 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 unenforceable if:

    (1) just cause existed for bringing the action; and

    (2) the action was brought and maintained in good faith.

Added by Acts 2009, 81st Leg., R.S., Ch. 414 , Sec. 3, eff. June 19, 2009. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 657 , Sec. 2, eff. September 1, 2011.