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.