Texas Estates Code § 255.401 Posthumous Class Gift Membership

Sec. 255.401. POSTHUMOUS CLASS GIFT MEMBERSHIP. (a) A right to take as a member under a class gift does not accrue to any person unless the person is born before, or is in gestation at, the time of the testator's death and survives for at least 120 hours. A person is:

(1) considered to be in gestation at the time of the testator's death if insemination or implantation occurs at or before the time of the testator's death; and

(2) presumed to be in gestation at the time of the testator's death if the person was born before the 301st day after the date of the testator's death.

(b) A provision in the testator's will that is contrary to this section prevails over this section.

Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 19, eff. September 1, 2015.

OF WILLS

Section: Previous  255.153  255.154  255.251  255.252  255.253  255.301  255.302  255.303  255.304  255.351  255.401  255.451  255.452  255.453  255.454  Next

Last modified: September 28, 2016