Texas § 1301.103 ENFORCEABILITY OF CERTAIN TERMS.

Texas Statutes

§ 1301.103 — ENFORCEABILITY OF CERTAIN TERMS.

Texas § 1301.103

Code ESEstates Code

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Bluebook

Tex. Estates Code Code Ann. § 1301.103 (2026).

Text

Sec. 1301.103. ENFORCEABILITY OF CERTAIN TERMS. 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. SUBCHAPTER D. ADMINISTRATION OF MANAGEMENT TRUSTS

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Sec. 1301.103. ENFORCEABILITY OF CERTAIN TERMS. 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.
SUBCHAPTER D. ADMINISTRATION OF MANAGEMENT TRUSTS

Legislative History

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080 ), Sec. 32, eff. January 1, 2014.