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Texas Estates Code - EST § 1301.103. Enforceability of Certain Terms

Current as of January 01, 2024 | Updated by Findlaw Staff

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,  1 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.

1  V.T.C.A., Property Code § 111.001 et seq.
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Cite this article: FindLaw.com - Texas Estates Code - EST § 1301.103. Enforceability of Certain Terms - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-1301-103/

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