May 29, 2023


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When Can a Will Be Modified Or Reformed Under Texas Law?

3 min read


Only a individual representative can petition the court for modification or reformation of a will below Texas law.  A beneficiary does not have the ability to petition for the courtroom for modification or reformation.

When Can The Court docket Buy Modification Or Reformation Of a Will?

The Court docket demands a cause to purchase modification or reformation of a will under Texas legislation.  Section 255.451 consists of many motives, which include:

  • To make the administration of the estate additional economical
  • Have out tax targets
  • Assist a beneficiary in finding authorities rewards
  • Right a scrivener’s error if crystal clear and convincing evidence of the testator’s intent is presented

All modification or reformation of a will ought to be completed with the overarching goal to conform to the testator’s possible intent, and is an exercise of the court’s discretion.  Texas Estates Code § 255.452.

Does The Own Representative Have a Responsibility To Find Modification or Reformation Of a Will?

No, the Texas personal agent has no responsibility to find modification or reformation of a testator’s will, no matter of how noticeable or probably it is that the court docket would grant reformation or modification.  The personalized agent also has no obligation to advise beneficiaries about the availability of a will reformation or modification.

What Is The Deadline To Modify or Reform a Will Under Texas Legislation?

4 many years.  The deadline to look for judicial modification or reformation of a will is 4 years from the date that the will is admitted to probate.  See Deadlines and Timelines In Texas Probate.

Examine Texas Appeals Court docket Affirms Reformation of Unambiguous Texas Will Based mostly On Lower-And-Paste Error.

Texas Estates Code Segment 255.451: Circumstances Underneath Which Will Could Be Modified Or Reformed

Texas Estates Code § 255.451 governs the situation under which a will may well be modified or reformed and is established forth below:

(a) Subject to the necessities of this area, on the petition of a personal representative, a courtroom may well get that the conditions of the will be modified or reformed, that the individual representative be directed or permitted to execute acts that are not approved or that are prohibited by the terms of the will, or that the particular consultant be prohibited from carrying out functions that are necessary by the terms of the will, if:

(1) modification of administrative, nondispositive conditions of the will is required or acceptable to reduce squander or impairment of the estate’s administration

(2) the purchase is necessary or ideal to achieve the testator’s tax targets or to qualify a distributee for govt positive aspects and is not opposite to the testator’s intent  or

(3) the get is required to accurate a scrivener’s mistake in the terms of the will, even if unambiguous, to conform with the testator’s intent.

(a-1) A personalized consultant searching for to modify or reform a will below this area have to file a petition on or just before the fourth anniversary of the day the will was admitted to probate.

(b) An buy explained in Subsection (a)(3) may well be issued only if the testator’s intent is set up by distinct and convincing proof.

(c) Chapter 123, Home Code, applies to a continuing less than Subsection (a) that consists of a charitable trust.

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