Texas Property Code
§ 240.008 — POWER TO DISCLAIM BY FIDUCIARY ACTING IN FIDUCIARY CAPACITY
PR § 240.008Title 13. DISCLAIMER OF PROPERTY INTERESTS · Ch. 240. TEXAS UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT · Art. A. GENERAL PROVISIONS
Statute text
View on source(a)Subject to this section and except to the extent the fiduciary's right to disclaim is expressly restricted or limited by a law of this state or by the instrument creating the fiduciary relationship, a fiduciary acting in a fiduciary capacity may disclaim, in whole or in part, any interest in or power over property, including a power of appointment and the power to disclaim, that would have passed to the ward, estate, trust, or principal with respect to which the fiduciary was acting had the disclaimer not been made even if:
(1)the creator of the interest or power imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim; or
(2)an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.
(b)Except as provided by Subsection (c), (d), or (f), a disclaimer by a fiduciary acting in a fiduciary capacity does not require court approval to be effective unless the instrument that created the fiduciary relationship requires court approval.
(c)Except as provided by Subsection (c-1), the following disclaimers by a fiduciary acting in a fiduciary capacity are not effective unless approved by a court of competent jurisdiction:
(1)a disclaimer by a personal representative who is not an independent administrator or independent executor;
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Legislative history
Acts 2023, 88th Leg., R.S., Ch. 210 (S.B. 1650), Sec. 7, eff. September 1, 2023.