pjc-family-2024-lib

W ILL C ONTESTS

PJC 230.10

PJC 230.10C Forfeiture Clause—Decedent Dying on or after September 1, 2011 QUESTION 1 Did CONTESTANT have just cause to bring this lawsuit? “Just cause” means that the actions were based on reasonable grounds and there was a fair and honest cause or reason for the actions. 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: _______________ COMMENT When to use. Use this submission when there is a provision in a will that would cause a forfeiture of a devise or void a devise or provision in favor of a person for bringing any lawsuit, including contesting a will. Source. Tex. Est. Code § 254.005(a) provides that such a forfeiture provision in a will is enforceable unless just cause existed for bringing the lawsuit and the lawsuit was brought and maintained in good faith. For cases involving decedents dying on or after June 19, 2009, and before September 1, 2011, Texas Probate Code section 64 provided that the provision is unenforceable if probable cause exists for bringing the lawsuit and it was brought and maintained in good faith. Acts 2009, 81st Leg., R.S., ch. 414, § 1 (H.B. 1969), eff. June 19, 2009. Definitions. The definitions of “good faith” and “just cause” are derived from cases under Probate Code section 243 (codified as Tex. Est. Code § 352.052). See Ray v. McFarland , 97 S.W.3d 728, 730 (Tex. App.—Fort Worth 2003, no pet.); Collins v. Smith , 53 S.W.3d 832, 842 (Tex. App.—Houston [1st Dist.] 2001, no pet.). The Com-

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