Tex. Estates Code § 123.103

This is the official text of Tex. Estates Code § 123.103, part of Texas’s Estates Code — governs wills, probate, and estate administration.

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§ 123.103. ACTION ON APPLICATION TO VOID MARRIAGE AFTER DEATH.

Official statutory text

(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.

Status: in_force · Read it on the official government site

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