Tex.
Prop. Code Section 112.085
Exceptions to Power of Distribution
(1)
reduce, limit, or modify a beneficiary’s current, vested right to:(A)
receive a mandatory distribution of income or principal;(B)
receive a mandatory annuity or unitrust interest;(C)
withdraw a percentage of the value of the trust; or(D)
withdraw a specified dollar amount from the trust;(2)
materially limit a trustee’s fiduciary duty:(A)
under the terms of the trust; or(B)
in a manner that would be prohibited by Section 111.0035 (Default and Mandatory Rules; Conflict Between Terms and Statute);(3)
decrease or indemnify against a trustee’s liability;(4)
add a provision exonerating a trustee from liability for failure to exercise reasonable care, diligence, and prudence;(5)
eliminate a provision granting another person the right to remove or replace the authorized trustee exercising the distribution power under Section 112.072 (Distribution to Second Trust: Trustee with Full Discretion) or 112.073 (Distribution to Second Trust: Trustee with Limited Discretion); or(6)
reduce, limit, or modify in the second trust a perpetuities provision included in the first trust, unless expressly permitted by the terms of the first trust.
Source:
Section 112.085 — Exceptions to Power of Distribution, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.112.htm#112.085 (accessed Jun. 5, 2024).
