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Tex. Est. Code § 123.103

ACTION ON APPLICATION TO VOID MARRIAGE AFTER DEATH

Applied in 1 court decision — leading case Estate of Matthews (2016)

Most recently applied in Estate of Matthews (August 2016)

Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff

(a) Except as provided by Subsection (b), in a proceeding brought under Section 123.102, the court shall declare the decedent's marriage void if the court finds that, on the date the marriage occurred, the decedent did not have the mental capacity to:

(1) consent to the marriage; and

(2) understand the nature of the marriage ceremony, if a ceremony occurred.

(b) A court that makes a finding described by Subsection (a) may not declare the decedent's marriage void if the court finds that, after the date the marriage occurred, the decedent:

(1) gained the mental capacity to recognize the marriage relationship; and

(2) did recognize the marriage relationship.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.