Texas § ES.255.152 - FAILURE OF DEVISE

§ ES.255.152. FAILURE OF DEVISE

FAILURE OF DEVISE; EFFECT ON RESIDUARY ESTATE. (a) Except as provided by Sections 255.153 and 255.154 , if a devise, other than a residuary devise, fails for any reason, the devise becomes a part of the residuary estate. (b) Except as provided by Sections 255.153 and 255.154 , if the residuary estate is devised to two or more persons and the share of one of the residuary devisees fails for any reason, that residuary devisee's share passes to the other residuary devisees, in proportion to the residuary devisee's interest in the residuary estate. (c) Except as provided by Sections 255.153 and 255.154 , the residuary estate passes as if the testator had died intestate if all residuary devisees: (1) are deceased at the time the testator's will is executed; (2) fail to survive the testator; or (3) are treated as if the residuary devisees predeceased the testator. (d) Unless the will provides otherwise, Subsections (a), (b), and (c) do not apply to a devise to a charitable trust, as defined by Section 123.001 , Property Code. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502 ), Sec. 1, eff. January 1, 2014. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782 ), Sec. 9, eff. September 1, 2019.