Section 114.005 of the Estates Code

From Texas Legal Guide
Jump to navigation Jump to search
Uniformity of Application and Construction.
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to the subject matter of this chapter among states that enact a law similar to this chapter.
Added 84th Leg., R.S., Ch. 841 (S.B. 462)

Editor Comments

This section of the Texas Real Property Transfer on Death Act fully adopts the substance of Section 18 of the Uniform Real Property Transfer on Death Act.

However, several provisions of the TRPTODA and the Uniform Act differ significantly. See, e.g., Section 114.057, Section 114.102, and Section 114.103.

Moreover, each of the other eighteen real property transfer on death acts that are based on the Uniform Act also differ to some degree from the Uniform Act.

Accordingly, exactly how Texas courts will interpret and implement this section of the TRPTODA is unclear.

Steve Smith

Court Decisions

No appellate court decision has interpreted any section of the TRPTODA.

Legal Commentaries

No published legal commentary addresses this section of the TRPTODA.

Uniform Act Text

Section 18. Uniformity of Application and Construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
Approved by ULC in 2009 (Uniform Act)

Uniform Act Comment

Section 18 of the Uniform Act does not have an official comment.