Tex. Est. Code § 255.401 · Subchapter I. CLASS GIFTS
POSTHUMOUS CLASS GIFT MEMBERSHIP.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 death of the person by which the class is measured and survives that person by at least 120 hours.
(a-1) For purposes of this section, a person is:
(1) considered to be in gestation if insemination or implantation occurs at or before the time of death of the person by which the class is measured; and
(2) presumed to be in gestation at the time of death of the person by which the class is measured if the person was born before the 301st day after the date of the person's death.
(b) A provision in the testator's will that is contrary to this section prevails over this section.
Notes and commentary — not statutory text
History
Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 19, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 21, eff. September 1, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.255.htm
- Text hash
- sha256 731d9c3a7edc8ef343aa369cc570d30f397cd27c16228ca4d45c8fa1228f3bf4
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.