HBA-KMH S.B. 1860 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1860 By: Sibley Judicial Affairs 5/19/1999 Engrossed BACKGROUND AND PURPOSE Currently, Section 58b (Devises and Bequests That Are Void), Probate Code, prevents attorneys who prepare wills from including themselves in the will as beneficiaries. It voids such bequests or devises unless the testator is related to the attorney or the attorney's heirs within the second degree by consanguinity or affinity. However, testators wishing to direct gifts to great-grandchildren or create multi-generational trusts for individuals who are related to the attorney may have their wishes declared void by Section 58b, Probate Code. S.B. 1860 limits the application of Section 58b, Probate Code, regarding certain devises or bequests. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 58b, Probate Code, to provide that this section does not apply to a devise or bequest made by a person who is a spouse of the testator, a descendant of the testator in any degree, an ascendant of the testator in any degree, or a person who is related within the third, rather than second, degree by consanguinity or affinity. SECTION 2. Makes application of this Act prospective. SECTION 3.Emergency clause. Effective date: upon passage.