pjc-family-2024-lib

PJC 230.10

W ILL C ONTESTS

PJC 230.10 Forfeiture Clause

PJC 230.10A Forfeiture Clause—Decedent Dying before June 19, 2009 (Comment)

The Committee expresses no opinion on the appropriate instruction to be given for cases involving decedents dying before June 19, 2009. For cases involving decedents dying after June 18, 2009, and before September 1, 2011, Probate Code section 64 pro vided that a forfeiture provision in a will is unenforceable if probable cause existed for bringing the lawsuit and the suit was brought and maintained in good faith. The bill enacting section 64 recited that it was to clarify existing law. Acts 2009, 81st Leg., R.S., ch. 414, §§ 1, 4(c) (H.B. 1969), eff. June 19, 2009.

PJC 230.10B Forfeiture Clause—Decedent Dying on or after June 19, 2009, and before September 1, 2011

QUESTION 1 Did CONTESTANT have probable cause to bring this lawsuit?

Probable cause exists when, at the time of instituting the lawsuit, there was evidence that would lead a reasonable person to conclude that there was a rea sonable likelihood that the challenge would be successful. Answer “Yes” or “No.” Answer: _______________ If you answered “Yes” to Question 1, then answer Question 2. Otherwise, do not answer Question 2. QUESTION 2 Did CONTESTANT bring and maintain the lawsuit in good faith? “Good faith” means an action that is prompted by honesty of intention or a reasonable belief that the action was probably correct. Answer “Yes” or “No.” Answer: _______________

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