1997 Amendments to the Texas Trust Code

This is a compilation of the amendments to the Texas Trust Code made by the 75th Texas Legislature during the 1997 regular legislative session. Additions are italicized and underlined. [] I am providing this compilation free of charge as a service to probate and estate planning lawyers in Texas. Although I believe it to be free of error, neither I nor my firm makes any warranties with respect thereto.

Glenn M. Karisch

Ikard & Golden, P. C.

June 26, 1997

Sec. 112.035. SPENDTHRIFT TRUSTS.

(a) -- (d) [No change]

(e) A beneficiary of the trust may not be considered a settlor merely because of a lapse, waiver, or release of the beneficiary's right to withdraw a part of the trust property if the value of the property that could have been withdrawn by exercising the right of withdrawal in any calendar year does not exceed at the time of the lapse, waiver, or release the greater of the amount specified in:

(1) Section 2041(b)(2) or 2514(e), Internal Revenue Code of 1986; or

(2) Section 2503(b), Internal Revenue Code of 1986.

Subsection (e) added by SB 998, enacted May 16, 1997, effective September 1, 1997.

Sec. 114.001. LIABILITY OF TRUSTEE TO BENEFICIARY.

(a) -- (d) [No change]

(e) The trustee has the same protection from liability provided for a fiduciary under 42 U.S.C. Section 9607(n).

Subsection (e) added by SB 911, enacted May 26, 1997, effective September 1, 1997.

Sec. 115.001. JURISDICTION.

(a) -- (c) [No change]

(d) The jurisdiction of the district court over proceedings concerning trusts is exclusive except for jurisdiction conferred by law on a statutory probate court or a court that creates a trust under Section 867, Texas Probate Code.

Subsection (d) amended by HB 1314, enacted June 20, 1997, effective September 1, 1997. Section 8 of HB 1314 provides:

This Act takes effect September 1, 1997, and applies to all trusts created under Section 867, Texas Probate Code, as amended by this Act, regardless of the date on which the trusts were created.