(d) Except as provided by Subsection (e) of this section, in a proceeding brought under Subsection (b) of this section, the court shall declare the decedent's marriage void if the court finds that, on the date the marriage occurred, the decedent did not have the mental capacity to:
(1) consent to the marriage; and
(2) understand the nature of the marriage ceremony, if a ceremony occurred.
(e) In a proceeding brought under Subsection (b) of this section, a court that makes a finding described by Subsection (d) of this section may not declare the decedent's marriage void if the court finds that, after the date the marriage occurred, the decedent:
(1) gained the mental capacity to recognize the marriage relationship; and
(2) did recognize the marriage relationship.
(f) If the court declares a decedent's marriage void in a proceeding described by Subsection (a) of this section or brought under Subsection (b) of this section, the other party to the marriage is not considered the decedent's surviving spouse for purposes of any law of this state.
(d) Except as provided by Subsection (e) of this section, in a proceeding brought under Subsection (b) of this section, the court shall declare the decedent's marriage void if the court finds that, on the date the marriage occurred, the decedent did not have the mental capacity to:(1) consent to the marriage; and(2) understand the nature of the marriage ceremony, if a ceremony occurred.(e) In a proceeding brought under Subsection (b) of this section, a court that makes a finding described by Subsection (d) of this section may not declare the decedent's marriage void if the court finds that, after the date the marriage occurred, the decedent:(1) gained the mental capacity to recognize the marriage relationship; and(2) did recognize the marriage relationship.(f) If the court declares a decedent's marriage void in a proceeding described by Subsection (a) of this section or brought under Subsection (b) of this section, the other party to the marriage is not considered the decedent's surviving spouse for purposes of any law of this state.
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