Texas Property Code Title 10, Chapter 181 - Powers Of Appointment

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 181.001 - Definitions
  In this chapter: (1) "Donee" means a person, whether or not a resident of this state, who, either alone or in conjunction with others, may...
• Texas Section 181.002 - Application
  (a) Except as provided by Subsection (b), this chapter applies: (1) to a power or a release of a power, regardless of the date the...
• Texas Section 181.003 - Chapter Not Exclusive
  The provisions of this chapter concerning the release of a power are not exclusive. Acts 1983, 68th Leg., p. 3724, ch. 576, Sec. 1, eff....

SUBCHAPTER B RELEASE OF POWERS OF APPOINTMENT

• Texas Section 181.004 - Construction
  This chapter is intended to be declarative of the common law of this state, and it shall be liberally construed to make all powers, except...
• Texas Section 181.051 - Authority Of Donee To Release Power
  Unless the instrument creating the power specifically provides to the contrary, a donee may at any time: (1) completely release the power; (2) release the...
• Texas Section 181.052 - Requisites Of Release
  (a) A partial or complete release of a power, with or without consideration, is valid if the donee executes and acknowledges, in the manner required...
• Texas Section 181.053 - Release By Guardian
  If a person under a disability holds a power, the guardian of the person's estate may release the power in the manner provided in this...
• Texas Section 181.054 - Effect Of Release On Multiple Donees
  Unless the instrument creating a power provides otherwise, the complete or partial release by one or more donees of a power that may be exercised...
• Texas Section 181.055 - Notice Of Release
  (a) A fiduciary or other person in possession or control of property subject to a power, other than the donee, does not have notice of...
• Texas Section 181.056 - Recording
  (a) A county clerk shall record a release of a power in the county deed records, and the clerk shall index the release, with the...
• Texas Section 181.057 - Effect Of Failure To Deliver Or File
  Failure to deliver or file an instrument releasing a power under Sections 181.052 and 181.055 does not affect the validity of the release as to...

SUBCHAPTER C EXERCISE OF POWERS OF APPOINTMENT

• Texas Section 181.058 - Restraints On Alienation Or Anticipation
  The release of a power that otherwise may be released is not prevented merely by provisions of the instrument creating the power that restrain alienation...
• Texas Section 181.081 - Extent Of Power
  Unless an instrument creating a power expressly provides to the contrary, a donee may exercise a power in any manner consistent with this subchapter. Added...
• Texas Section 181.082 - General Exercise
  In exercising a power, a donee may make an appointment: (1) of present, future, or present and future interests; (2) with conditions and limitations; (3)...
• Texas Section 181.083 - Creating Additional Powers
  (a) In exercising a power, a donee may make appointments that create in the objects of the power additional powers of appointment. The additional powers...

Last modified: September 28, 2016