CHAPTER XI-A. PROVISIONS APPLICABLE TO CERTAIN NONTESTAMENTARY TRANSFERS
PROBATE CODE
CHAPTER XI-A. PROVISIONS APPLICABLE TO CERTAIN NONTESTAMENTARY
TRANSFERS
Text of article effective until January 01, 2014
Sec. 471. DEFINITIONS. In this chapter:
(1) "Disposition or appointment of property" includes a transfer
of property or provision of any other benefit to a beneficiary
under a trust instrument.
(2) "Divorced individual" means an individual whose marriage has
been dissolved, regardless of whether by divorce or annulment.
(3) "Revocable," with respect to a disposition, appointment,
provision, or nomination, means a disposition to, appointment of,
provision in favor of, or nomination of an individual's spouse in
a trust instrument executed by the individual before the
dissolution of the individual's marriage to the spouse that the
individual was solely empowered by law or by the trust instrument
to revoke, regardless of whether the individual had the capacity
to exercise the power at that time.
Added by Acts 2005, 79th Leg., Ch.
551, Sec. 8, eff. September 1, 2005.
Text of article effective until January 01, 2014
Sec. 472. REVOCATION OF CERTAIN NONTESTAMENTARY TRANSFERS ON
DISSOLUTION OF MARRIAGE. (a) Except as otherwise provided by a
court order, the express terms of a trust instrument executed by
a divorced individual before the individual's marriage was
dissolved, or an express provision of a contract relating to the
division of the marital estate entered into between a divorced
individual and the individual's former spouse before, during, or
after the marriage, the dissolution of the marriage revokes the
following:
(1) a revocable disposition or appointment of property made by a
divorced individual to the individual's former spouse in a trust
instrument executed before the dissolution of the marriage;
(2) a provision in a trust instrument executed by a divorced
individual before the dissolution of the marriage that confers a
general or special power of appointment on the individual's
former spouse; and
(3) a nomination in a trust instrument executed by a divorced
individual before the dissolution of the marriage that nominates
the individual's former spouse to serve in a fiduciary or
representative capacity, including as a personal representative,
executor, trustee, conservator, agent, or guardian.
(b) After the dissolution of a marriage, an interest granted in
a provision of a trust instrument that is revoked under
Subsection (a)(1) or (2) of this section passes as if the former
spouse of the divorced individual who executed the trust
instrument disclaimed the interest granted in the provision, and
an interest granted in a provision of a trust instrument that is
revoked under Subsection (a)(3) of this section passes as if the
former spouse died immediately before the dissolution of the
marriage.
Added by Acts 2005, 79th Leg., Ch.
551, Sec. 8, eff. September 1, 2005.
Text of article effective until January 01, 2014
Sec. 473. LIABILITY FOR CERTAIN PAYMENTS, BENEFITS, AND
PROPERTY. (a) A bona fide purchaser of property from a divorced
individual's former spouse or a person who receives from a
divorced individual's former spouse a payment, benefit, or
property in partial or full satisfaction of an enforceable
obligation:
(1) is not required by this chapter to return the payment,
benefit, or property; and
(2) is not liable under this chapter for the amount of the
payment or the value of the property or benefit.
(b) A divorced individual's former spouse who, not for value,
receives a payment, benefit, or property to which the former
spouse is not entitled as a result of Section 472(a) of this
code:
(1) shall return the payment, benefit, or property to the person
who is otherwise entitled to the payment, benefit, or property as
provided by this chapter; or
(2) is personally liable to the person described by Subdivision
(1) of this subsection for the amount of the payment or the value
of the benefit or property received.
Added by Acts 2005, 79th Leg., Ch.
551, Sec. 8, eff. September 1, 2005.