Predeceased Devisee Satisfaction Continues Unless Otherwise Provided

pg. 35 Texas Laws | Probate Code CHAPTER IV. EXECUTION AND REVOCATION OF WILLS 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, except as limited by Subsection (e) of this section. Subsec. (a) amended by Acts 2003, 78th Leg., ch. 1060, Sec. 10, eff. Sept. 1, 2003. (920) Amended by: (921) Acts 2011, 82nd Leg., R.S., Ch. 1338, Sec. 1.14, eff. September 1, 2011. (922) Acts 2011, 82nd Leg., R.S., Ch. 1338, Sec. 2.54(b)(1), eff. January 1, 2014. (923) Text of article effective until January 01, 2014 (924) 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. (925) (Text) 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. (926) (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. (927) (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. (928) (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. (929) (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. (930) Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1991, 72nd Leg., ch. 895, Sec. 9, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 846, Sec. 9, eff. Sept. 1, 1993. (931) Text of article effective until January 01, 2014 (932) 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. (933) (Text) 022 and 573.024, Government Code, respectively. (934) (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. (935) (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. (936) Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1979, 66th Leg., p. 1746, ch. 713, Sec. 12, eff. Aug. 27, 1979; Acts 1995, 74th Leg., ch. 642, Sec. 2, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1302, Sec. 5, eff. Sept. 1, 1997. (937) Amended by: (938) Acts 2007, 80th Leg., R.S., Ch. 1170, Sec. 4.02, eff. September 1, 2007. (939) Text of article effective until January 01, 2014 (940) Sec. 69A. CHANGING WILLS. (a) A court may not prohibit a person from executing a new will or a codicil to an existing will. (941) (Text) (942) (b) Notwithstanding Section 3(g) of this code, in this section, "court" means a constitutional county court, district court, or statutory county court, including a statutory probate court. (943) Added by Acts 1993, 73rd Leg., ch. 120, Sec. 1, eff. Sept. 1, 1993. (944) Text of article effective until January 01, 2014 (945) (1) securities of the same organization acquired because of action initiated by the organization or any successor, related, or acquiring organization, including stock splits, stock dividends, and new issues of stock acquired in a reorganization, redemption, or exchange, other than securities acquired through the exercise of purchase options or through a plan of reinvestment; and (946) 35

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