REVOCATION, MODIFICATION, OR AMENDMENT BY SETTLOR
Known as the Texas Trust Code
The act spans §§ 111–116 (165 sections).
Applied in 12 court decisions — leading case Starcrest Trust v. Berry (1996)
Most recently applied in the Episcopal Church, the Local Episcopal Parties, the Local Episcopal Congregations, and the Most Rev. Katharine Jefferts Schori v. Franklin Salazar and Intervening Congregations (April 2018)
Amended by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) A settlor may revoke the trust unless it is irrevocable by the express terms of the instrument creating it or of an instrument modifying it.
(b) The settlor may modify or amend a trust that is revocable, but the settlor may not enlarge the duties of the trustee without the trustee's express consent.
(c) If the trust was created by a written instrument, a revocation, modification, or amendment of the trust must be in writing.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.