Tex. Prop. Code § 112.033 · Subchapter B. VALIDITY
RESERVATION OF INTERESTS AND POWERS BY SETTLOR.
Text — Current through the 89th 2nd Called Legislative Session, 2025
If during the life of the settlor an interest in a trust or the trust property is created in a beneficiary other than the settlor, the disposition is not invalid as an attempted testamentary disposition merely because the settlor reserves or retains, either in himself or another person who is not the trustee, any or all of the other interests in or powers over the trust or trust property, such as:
(1) a beneficial life interest for himself;
(2) the power to revoke, modify, or terminate the trust in whole or in part;
(3) the power to designate the person to whom or on whose behalf the income or principal is to be paid or applied;
(4) the power to control the administration of the trust in whole or in part;
(5) the right to exercise a power or option over property in the trust or over interests made payable to the trust under an employee benefit plan, life insurance policy, or otherwise; or
(6) the power to add property or cause additional employee benefits, life insurance, or other interests to be made payable to the trust at any time.
Notes and commentary — not statutory text
History
Amended by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.112.htm
- Text hash
- sha256 b526df5c4d8424226eec05d089e5f7aae6eef39a9a4a64273a3b6a53f9acd232
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.