Texas Estates Code

§ 1301.103 — ENFORCEABILITY OF CERTAIN TERMS

ES § 1301.103Title 3. GUARDIANSHIP AND RELATED PROCEDURES · Part H. COURT-AUTHORIZED TRUSTS AND ACCOUNTS · Ch. 1301. MANAGEMENT TRUSTS · Art. C. TERMS OF MANAGEMENT TRUST

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A provision in a management trust created for a ward or incapacitated person that relieves a trustee from a duty or liability imposed by this chapter or Subtitle B, Title 9, Property Code, is enforceable only if:

(1)the provision is limited to specific facts and circumstances unique to the property of that trust and is not applicable generally to the trust; and

(2)the court creating or modifying the trust makes a specific finding that there is clear and convincing evidence that the inclusion of the provision is in the best interests of the trust beneficiary. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014. Amended by:

Legislative history

Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 32, eff. January 1, 2014.