Texas Property Code

§ 112.054 — JUDICIAL MODIFICATION, REFORMATION, OR TERMINATION OF TRUSTS

PR § 112.054Title 9. TRUSTS · Part B. TEXAS TRUST CODE: CREATION, OPERATION, AND TERMINATION OF TRUSTS · Ch. 112. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS · Art. C. REVOCATION, MODIFICATION, AND TERMINATION OF TRUSTS

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(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 be modified, that the trustee be directed or permitted to do acts that are not authorized or that are forbidden by the terms of the trust, that the trustee be prohibited from performing acts required by the terms of the trust, or that the trust be terminated in whole or in part, if:

(1)the purposes of the trust have been fulfilled or have become illegal or impossible to fulfill;

(2)because of circumstances not known to or anticipated by the settlor, the order will further the purposes of the trust;

(3)modification of administrative, nondispositive terms of the trust is necessary or appropriate to prevent waste or impairment of the trust's administration;

(4)the order is necessary or appropriate to achieve the settlor's tax objectives or to qualify a distributee for governmental benefits and is not contrary to the settlor's intentions; or

(5)subject to Subsection (d):

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Legislative history

Acts 2005, 79th Leg., Ch. 148 (H.B. 1190), Sec. 7, eff. January 1, 2006. Acts 2017, 85th Leg., R.S., Ch. 62 (S.B. 617), Sec. 4, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 62 (S.B. 617), Sec. 5, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 1112 (H.B. 2245), Sec. 3, eff. September 1, 2019.