Am. H.B. 265

126th General Assembly

(S. Judiciary Civil Justice)

The committee adopted an amendment that allows the executor of a will to bring an action to recover court costs and attorney's fees from the attorney, if any, responsible for the execution of a document that purports to be a will if the probate court holds a hearing and finds that the proponent of the document as a purported will has established by clear and convincing evidence that (1) the decedent prepared the document or caused the document to be prepared, (2) the decedent signed the document and intended the document to constitute the decedent's will, and (3) two or more witnesses saw the decedent sign the document.

H0265-126.doc/ss 03/14/06