Sec. 112.011. POSTHUMOUS CLASS GIFTS MEMBERSHIP. (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.
(b) For purposes of Subsection (a), 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.
(c) A provision in the trust instrument that is contrary to this section prevails over this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 37, eff. September 1, 2017.
Structure Texas Statutes
Subtitle B - Texas Trust Code: Creation, Operation, and Termination of Trusts
Chapter 112 - Creation, Validity, Modification, and Termination of Trusts
Section 112.001. Methods of Creating Trust
Section 112.002. Intention to Create Trust
Section 112.003. Consideration
Section 112.004. Statute of Frauds
Section 112.005. Trust Property
Section 112.006. Additions to Trust Property
Section 112.007. Capacity of Settlor
Section 112.008. Capacity of Trustee
Section 112.009. Acceptance by Trustee
Section 112.010. Presumed Acceptance by Beneficiary; Disclaimer