Chpt 23-27 Completed

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m1ke_d
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106997
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Chpt 23-27 Completed
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2011-10-12 16:15:20
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Execution Revocation
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Chpt 23,24 Completed
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  1. Sec. 59. REQUISITES OF A WILL.

    A

    PLEASE MAKE SCREENSHOT OF SECTION A SECTION IS TOO BIG
  2. Sec. 59. REQUISITES OF A WILL.

    (b) An affidavit in form and content substantially as provided by Subsection (a) of this section is a "self-proving affidavit." A will with a self-proving affidavit subscribed and sworn to by the testator and witnesses attached or annexed to the will is a "self-proved will." Substantial compliance with the form of such affidavit shall suffice to cause the will to be self-proved. For this purpose, an affidavit that is subscribed and acknowledged by the testator and subscribed and sworn to by the witnesses would suffice as being in substantial compliance. A signature on a self-proving affidavit is considered a signature to the will if necessary to prove that the will was signed by the testator or witnesses, or both, but in that case, the will may not be considered a self-proved will.
  3. Sec. 59. REQUISITES OF A WILL

    (c) A self-proved will may be admitted to probate without the testimony of any subscribing witness, but otherwise it shall be treated no differently than a will not self-proved. In particular and without limiting the generality of the foregoing, a self-proved will may be contested, or revoked or amended by a codicil in exactly the same fashion as a will not self-proved.
  4. Sec. 60. EXCEPTION PERTAINING TO HOLOGRAPHIC WILLS.

    Where the will is written wholly in the handwriting of the testator, the attestation of the subscribing witnesses may be dispensed with. Such a will may be made self-proved at any time during the testator's lifetime by the attachment or annexation thereto of an affidavit by the testator to the effect that the instrument is his last will; that he was at least eighteen years of age when he executed it (or, if under such age, was or had been lawfully married, or was then a member of the armed forces of the United States or of an auxiliary thereof or of the Maritime Service); that he was of sound mind; and that he has not revoked such instrument.
  5. Sec. 65 IS MISSING FROM WORD DOC
  6. Sec. 57. WHO MAY EXECUTE A WILL.

    Every person who has attained the age of eighteen years, or who is or has been lawfully married, or who is a member of the armed forces of the United States or of the auxiliaries thereof or of the maritime service at the time the will is made, being of sound mind, shall have the right and power to make a last will and testament, under the rules and limitations prescribed by law.
  7. Sec. 59A. CONTRACTS CONCERNING SUCCESSION.

    (a) A contract to make a will or devise, or not to revoke a will or devise, if executed or entered into on or after September 1, 1979, can be established only by:

    (1) provisions of a written agreement that is binding and enforceable; or
    (2) provisions of a will stating that a contract does exist and stating the material provisions of the contract.
  8. Sec. 59A. CONTRACTS CONCERNING SUCCESSION

    (b) The execution of a joint will or reciprocal wills does not by itself suffice as evidence of the existence of a contract.
  9. Sec. 84 (b) (1) MISSING FROM WORD DOC
  10. Sec. 61. BEQUEST TO WITNESS.

    Should any person be a subscribing witness to a will, and also be a legatee or devisee therein, if the will cannot be otherwise established, such bequest shall be void, and such witness shall be allowed and compelled to appear and give his testimony in like manner as if no such bequest had been made. But, if in such case the witness would have been entitled to a share of the estate of the testator had there been no will, he shall be entitled to as much of such share as shall not exceed the value of the bequest to him in the will.
  11. Sec. 62. CORROBORATION OF TESTIMONY OF INTERESTED WITNESS.

    In the situation covered by the preceding Section, the bequest to the subscribing witness shall not be void if his testimony proving the will is corroborated by one or more disinterested and credible persons who testify that the testimony of the subscribing witness is true and correct, and such subscribing witness shall not be regarded as an incompetent or non-credible witness under Section 59 of this Code.
  12. Sec. 84 (b) MISSING FROM WORD DOC
  13. Sec. 88 (b) MISSING FROM WORD DOC
  14. Sec. 63. REVOCATION OF WILLS.

    No will in writing, and no clause thereof or devise therein, shall be revoked, except by a subsequent will, codicil, or declaration in writing, executed with like formalities, or by the testator destroying or canceling the same, or causing it to be done in his presence.
  15. Sec. 58. INTERESTS WHICH MAY PASS UNDER A WILL.

    (a) Every person competent to make a last will and testament may thereby devise and bequeath all the estate, right, title, and interest in property the person has at the time of the person's death, subject to the limitations prescribed by law.
  16. Sec. 58a. DEVISES OR BEQUESTS TO TRUSTEES.

    (a) A testator may validly devise or bequeath property in a will to the trustee of a trust established or to be established:

    (1) during the testator's lifetime by the testator, by the testator and another person, or by another person, including a funded or unfunded life insurance trust, in which the settlor has reserved any or all rights of ownership of the insurance contracts; or
    (2) at the testator's death by the testator's devise or bequest to the trustee, if the trust is identified in the testator's will and its terms are in a written instrument, other than a will, that is executed before, with, or after the execution of the testator's will or in another person's will if that other person has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust.
  17. Sec. 58a. DEVISES OR BEQUESTS TO TRUSTEES

    (b) A devise or bequest is not invalid because the trust is amendable or revocable or because the trust was amended after the execution of the will or the testator's death.
  18. Sec. 58a. DEVISES OR BEQUESTS TO TRUSTEES

    (c) Unless the testator's will provides otherwise, property devised or bequeathed to a trust described by Subsection (a) of this section is not held under a testamentary trust of the testator. The property becomes a part of the trust to which it is devised or bequeathed and must be administered and disposed of in accordance with the provisions of the instrument establishing the trust, including any amendments to the instrument made before or after the testator's death.
  19. Sec. 58a. DEVISES OR BEQUESTS TO TRUSTEES

    (d) Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise or bequest to lapse.
  20. Sec. 69. WILL PROVISIONS MADE BEFORE DISSOLUTION OF MARRIAGE.

    (a) In this section, "relative" means an individual who is related to another individual by consanguinity or affinity, as determined under Sections 573.022 and 573.024, Government Code, respectively.
  21. Sec. 58b. DEVISES AND BEQUESTS THAT ARE VOID.

    (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.
  22. Sec. 58b. DEVISES AND BEQUESTS THAT ARE VOID

    (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.
  23. Sec. 85 MISSING FROM WORD DOC
  24. Sec. 68. PRIOR DEATH OF LEGATEE.

    (a) If a devisee who is a descendant of the testator or a descendant of a testator's parent is deceased at the time of the execution of the will, fails to survive the testator, or is treated as if the devisee predeceased the testator by Section 47 of this code or otherwise, the descendants of the devisee who survived the testator by 120 hours take the devised property in place of the devisee. The property shall be divided into as many shares as there are surviving descendants in the nearest degree of kinship to the devisee and deceased persons in the same degree whose descendants survived the testator. Each surviving descendant in the nearest degree receives one share, and the share of each deceased person in the same degree is divided among his descendants by representation. For purposes of this section, a person who would have been a devisee under a class gift if the person had survived the testator is treated as a devisee unless the person died before the date the will was executed.
  25. Sec. 68. PRIOR DEATH OF LEGATEE

    (b) Except as provided by Subsection (a) of this section, if a devise or bequest, other than a residuary devise or bequest, fails for any reason, the devise or bequest becomes a part of the residuary estate.
  26. Sec. 68. PRIOR DEATH OF LEGATEE.

    (c) Except as provided by Subsection (a) of this section, if the residuary estate is devised to two or more persons and the share of one of the residuary devisees fails for any reason, the residuary devisee's share passes to the other residuary devisees, in proportion to the residuary devisee's interest in the residuary estate.
  27. Sec. 68. PRIOR DEATH OF LEGATEE

    (d) Except as provided by Subsection (a) of this section, if all residuary devisees are dead at the time of the execution of the will, fail to survive the testator, or are treated as if they predeceased the testator, the residuary estate passes as if the testator had died intestate.
  28. Sec. 68. PRIOR DEATH OF LEGATEE

    (e) This section applies unless the testator's last will and testament provides otherwise. For example, a devise or bequest in the testator's will such as "to my surviving children" or "to such of my children as shall survive me" prevents the application of Subsection (a) of this section.
  29. Sec. 67. PRETERMITTED CHILD.

    (a) Whenever a pretermitted child is not mentioned in the testator's will, provided for in the testator's will, or otherwise provided for by the testator, the pretermitted child shall succeed to a portion of the testator's estate as provided by Subsection (a)(1) or (a)(2) of this section.

    (1) If the testator has one or more children living when he executes his last will, and:
    (A) No provision is made therein for any such child, a pretermitted child succeeds to the portion of the testator's separate and community estate to which the pretermitted child would have been entitled pursuant to Section 38(a) of this code had the testator died intestate without a surviving spouse owning only that portion of his estate not devised or bequeathed to the parent of the pretermitted child.
    (B) Provision, whether vested or contingent, is made therein for one or more of such children, a pretermitted child is entitled to share in the testator's estate as follows:
    (i) The portion of the testator's estate to which the pretermitted child is entitled is limited to the disposition made to children under the will.
    (ii) The pretermitted child shall receive such share of the testator's estate, as limited in Subparagraph (i), as he would have received had the testator included all pretermitted children with the children upon whom benefits were conferred under the will, and given an equal share of such benefits to each such child.
    (iii) To the extent that it is feasible, the interest of the pretermitted child in the testator's estate shall be of the same character, whether an equitable or legal life estate or in fee, as the interest that the testator conferred upon his children under the will.

    (2) If the testator has no child living when he executes his last will, the pretermitted child succeeds to the portion of the testator's separate and community estate to which the pretermitted child would have been entitled pursuant to Section 38(a) of this code had the testator died intestate without a surviving spouse owning only that portion of his estate not devised or bequeathed to the parent of the pretermitted child.
  30. Sec. 67. PRETERMITTED CHILD

    (b) The pretermitted child may recover the share of the testator's estate to which he is entitled either from the other children under Subsection (a)(1)(B) or the testamentary beneficiaries under Subsections (a)(1)(A) and (a)(2) other than the parent of the pretermitted child, ratably, out of the portions of such estate passing to such persons under the will. In abating the interests of such beneficiaries, the character of the testamentary plan adopted by the testator shall be preserved to the maximum extent possible.
  31. Sec. 69. WILL PROVISIONS MADE BEFORE DISSOLUTION OF MARRIAGE

    (b) If, after making a will, the testator's marriage is dissolved, whether by divorce, annulment, or a declaration that the marriage is void, all provisions in the will, including all fiduciary appointments, shall be read as if the former spouse and each relative of the former spouse who is not a relative of the testator failed to survive the testator, unless the will expressly provides otherwise.
  32. Sec. 69. WILL PROVISIONS MADE BEFORE DISSOLUTION OF MARRIAGE

    (c) A person whose marriage to the decedent has been dissolved, whether by divorce, annulment, or a declaration that the marriage is void, is not a surviving spouse unless, by virtue of a subsequent marriage, the person is married to the decedent at the time of death and the subsequent marriage is not declared void under Section 47A of this code.
  33. Sec. 471 MISSING FROM WORD DOC
  34. Sec. 472 MISSING FROM WORD DOC
  35. Sec. 473 MISSING FROM WORD DOC
  36. Sec. 43 MISSING FROM WORD DOC
  37. Sec. 37 MISSING FROM WORD DOC
  38. Sec. 320 MISSING FROM WORD DOC
  39. Sec. 322A MISSING FROM WORD DOC
  40. Sec. 58c. EXERCISE OF POWER OF APPOINTMENT.

    A testator may not exercise a power of appointment through a residuary clause in the testator's will or through a will providing for general disposition of all the testator's property unless:

    (1) the testator makes a specific reference to the power in the will; or
    (2) there is some other indication in writing that the testator intended to include the property subject to the power in the will.
  41. Sec. 113.01 thru 113.025 MISSING FROM WORD DOC
  42. Sec. 116.001 MISSING FROM WORD DOC
  43. Sec. 105A - PLEASE MAKE A SCREENSHOT OF THIS SECTION

    It is too large are it is edited with crossed out wording.
  44. Sec. 346 MISSING FROM WORD DOC

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