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Texas Property Code - Chapter 112 Creation, Validity, Modification, And Termination Of Trusts

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  • Texas Property Code Section 112.001 - Methods Of Creating Trust
    A trust may be created by: (1) a property owner's declaration that the owner holds the property as trustee for another person; (2) a property ...
  • Texas Property Code Section 112.002 - Intention To Create Trust
    A trust is created only if the settlor manifests an intention to create a trust. Amended by Acts 1983, 68th Leg., p. 3332, ch. 567, ...
  • Texas Property Code Section 112.003 - Consideration
    Consideration is not required for the creation of a trust. A promise to create a trust in the future is enforceable only if the requirements ...
  • Texas Property Code Section 112.004 - Statute Of Frauds
    A trust in either real or personal property is enforceable only if there is written evidence of the trust's terms bearing the signature of the ...
  • Texas Property Code Section 112.005 - Trust Property
    A trust cannot be created unless there is trust property. Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, § 2, eff. ...
  • Texas Property Code Section 112.006 - Additions To Trust Property
    Property may be added to an existing trust from any source in any manner unless the addition is prohibited by the terms of the trust ...
  • Texas Property Code Section 112.007 - Capacity Of Settlor
    A person has the same capacity to create a trust by declaration, inter vivos or testamentary transfer, or appointment that the person has to transfer, ...
  • Texas Property Code Section 112.008 - Capacity Of Trustee
    (a) The trustee must have the legal capacity to take, hold, and transfer the trust property. If the trustee is a corporation, it must have ...
  • Texas Property Code Section 112.009 - Acceptance By Trustee
    Text of subsec. (a) effective until January 1, 2006 (a) The signature of the person named as trustee on the writing evidencing the trust ...
  • Texas Property Code Section 112.010 - Acceptance Or Disclaimer By Or On Behalf Of Beneficiary
    (a) Acceptance by a beneficiary of an interest in a trust is presumed. (b) If a trust is created by will, a beneficiary may disclaim ...
  • Texas Property Code Section 112.031 - Trust Purposes
    A trust may be created for any purpose that is not illegal. The terms of the trust may not require the trustee to commit a ...
  • Texas Property Code Section 112.032 - Active And Passive Trusts; Statute Of Uses
    (a) Except as provided by Subsection (b), title to real property held in trust vests directly in the beneficiary if the trustee has neither a ...
  • Texas Property Code Section 112.033 - Reservation Of Interests And Powers By Settlor
    If during the life of the settlor an interest in a trust or the trust property is created in a beneficiary other than the settlor, ...
  • Texas Property Code Section 112.034 - Merger
    (a) If a settlor transfers both the legal title and all equitable interests in property to the same person or retains both the legal title ...
  • Texas Property Code Section 112.035 - Spendthrift Trusts
    (a) A settlor may provide in the terms of the trust that the interest of a beneficiary in the income or in the principal or ...
  • Texas Property Code Section 112.036 - Rule Against Perpetuities
    The rule against perpetuities applies to trusts other than charitable trusts. Accordingly, an interest is not good unless it must vest, if at all, not ...
  • Texas Property Code Section 112.037 - Trust For Care Of Animal
    (a) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates on the death ...
  • Texas Property Code Section 112.051 - Revocation, Modification, Or Amendment By Settlor
    (a) A settlor may revoke the trust unless it is irrevocable by the express terms of the instrument creating it or of an instrument modifying ...
  • Texas Property Code Section 112.052 - Termination
    A trust terminates if by its terms the trust is to continue only until the expiration of a certain period or until the happening of ...
  • Texas Property Code Section 112.053 - Disposition Of Trust Property On Failure Of Trust
    The settlor may provide in the trust instrument how property may or may not be disposed of in the event of failure, termination, or revocation ...
  • Texas Property Code Section 112.054 - Judicial Modification Or Termination Of Trusts
    (a) On the petition of a trustee or a beneficiary, a court may order that the trustee be changed, that the terms of the trust ...
  • Texas Property Code Section 112.055 - Amendment Of Charitable Trusts By Operation Of Law
    (a) Except as provided by Section 112.056 and Subsection (b) of this section, the governing instrument of a trust that is a private foundation under ...
  • Texas Property Code Section 112.056 - Permissive Amendment By Trustee Of Charitable Trust
    (a) If the settlor of a trust that is described under Subsection (a) of Section 112.055 of this Act is living and competent and consents, ...
  • Texas Property Code Section 112.057 - Division And Combination Of Trusts
    Text of subsec. (a) intro. paragraph effective until January 1, 2006 (a) The trustee may, unless expressly prohibited by the terms of the instrument ...
  • Texas Property Code Section 112.058 - Conversion Of Community Trust To Nonprofit Corporation
    (a) In this section: (1) "Assets" means the assets of the component trust funds of a community trust. (2) "Community trust" means a community trust ...
  • Last modified: August 11, 2007