Texas § PR.112.038 - FORFEITURE CLAUSE
Full text of Texas The Texas Constitution § PR.112.038 — FORFEITURE CLAUSE, with citation guidance and answers to common questions.
§ PR.112.038. FORFEITURE CLAUSE
FORFEITURE CLAUSE. (a) A provision in a trust that would cause a forfeiture of or void an interest for bringing any court action, including contesting a trust, is enforceable unless in a court action determining whether the forfeiture clause should be enforced, the person who brought the action contrary to the forfeiture clause establishes by a preponderance of the evidence that: (1) just cause existed for bringing the action; and (2) the action was brought and maintained in good faith. (b) This section is not intended to and does not repeal any law, recognizing that forfeiture clauses generally will not be construed to prevent a beneficiary from seeking to compel a fiduciary to perform the fiduciary's duties, seeking redress against a fiduciary for a breach of the fiduciary's duties, or seeking a judicial construction of a will or trust. Added by Acts 2009, 81st Leg., R.S., Ch. 414 (H.B. 1969 ), Sec. 3, eff. June 19, 2009. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 657 (S.B. 1197 ), Sec. 2, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 351 (H.B. 2380 ), Sec. 3.01, eff. September 1, 2013. Acts 2017, 85th Leg., R.S., Ch. 62 (S.B. 617 ), Sec. 3, eff. September 1, 2017. SUBCHAPTER C. REVOCATION, MODIFICATION, AND TERMINATION OF TRUSTS
Frequently Asked Questions About Texas § PR.112.038
What does The Texas Constitution § PR.112.038 cover?
Section PR.112.038 ("FORFEITURE CLAUSE") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § PR.112.038?
A common citation format is "The Texas Constitution § PR.112.038" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § PR.112.038 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.