Tex. Est. Code Section 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.

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.

Source: Section 1301.103 — Enforceability of Certain Terms, https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1301.htm#1301.103 (accessed Jun. 5, 2024).

1301.001
Definition 1301.002
Applicability of Texas Trust Code 1301.051
Eligibility to Apply for Creation of Trust 1301.052
Venue for Proceeding Involving Trust for an Alleged Incapacitated Person 1301.053
Creation of Trust 1301.054
Creation of Trust for Incapacitated Person Without Guardian 1301.055
Authority of Court to Appoint Guardian Instead of Creating Trust 1301.056
Contents of Order Creating Trust 1301.057
Appointment of Trustee 1301.058
Bond Requirements for Trustees 1301.101
Required Terms 1301.102
Optional Terms 1301.103
Enforceability of Certain Terms 1301.151
Jurisdiction over Trust Matters 1301.152
Court’s Authority to Discharge Guardian of Estate 1301.153
Investment in Texas Tomorrow Fund 1301.154
Annual Accounting 1301.155
Appointment of Successor Trustee 1301.156
Liability of Certain Persons for Conduct of Trustee 1301.201
Modification or Revocation of Trust 1301.202
Transfer to Pooled Trust Subaccount 1301.203
Termination of Trust 1301.204
Distribution of Trust Property 1301.0511
Notice Required for Application for Creation of Trust 1301.1535
Initial Accounting by Certain Trustees Required

Accessed:
Jun. 5, 2024

§ 1301.103’s source at texas.gov

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Location: https://texas.public.law/statutes/tex._est._code_section_1301.103

Original Source: Section 1301.103 — Enforceability of Certain Terms, https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1301.htm#1301.103 (last accessed Jun. 5, 2024).