Beck v. Beck - 814 S.W.2d 745 (Tex. 1991)

Rule:

The existence of any vested rights pertaining to the doctrine of implied validation depends on whether the contract was void or voidable when the contract was executed. The voidable nature of this interest arises from an exception to the general rule that contracts violating the law are void.

Facts:

This is a suit to determine the enforceability of a premarital agreement, entered into under the Texas Family Code and of the Texas Constitution. Audrian, deceased, and Lillian Beck, respondent, entered into a premarital agreement pursuant to the Texas Family Code, which purported to authorize premarital agreements. When Audrian died, his will was admitted to probate. The probate court issued letters testamentary to Ronald Beck, petitioner, Audrian's only child by a previous marriage, and appointed him independent executor of deceased’s estate. Petitioner, in his individual capacity and in his capacity as independent executor of deceased husband's estate, filed an action against respondent seeking a declaratory judgment that the premarital agreement between respondent and the deceased was unenforceable. Both parties filed motions for partial summary judgment, the trial court granted respondent’s summary judgment holding that the premarital agreement at issue was enforceable under the 1948 amendment to article XVI, section 15, of the Texas Constitution. The court of appeals affirmed the trial court's judgment. On appeal, petitioner contended that the agreement was void.

Issue:

Was the premarital agreement entered into by the deceased and respondent void?

Answer:

No. The court affirmed the grant of partial summary judgment for respondent.

Conclusion:

The court found that a subsequent amendment to the same provision in 1980, Tex. Const. art. XVI, § 15 (1980) (1980 amendment), did allow for such agreements and applied retroactively to this agreement. In so finding, the court adopted the doctrine of implied validation. The court determined that the 1980 amendment demonstrated an intention by the legislature to validate 1969 Tex. Gen. Laws 1596 and 1608 and all premarital agreements entered into before 1980 pursuant to those statutes. And because respondent had a voidable interest in the agreement, application of implied validation did not impair a contractual obligation or vested rights.