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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Property Code § 112.004: STATUTE OF FRAUDS.

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Where this section sits in the code
  1. PROPERTY CODE
  2. TITLE 9. TRUSTS
  3. SUBTITLE B. TEXAS TRUST CODE: CREATION, OPERATION, AND TERMINATION OF TRUSTS
  4. CHAPTER 112. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS
  5. SUBCHAPTER A. CREATION

A trust in either real or personal property is enforceable only if there is written evidence of the trust's terms bearing the signature of the settlor or the settlor's authorized agent. A trust consisting of personal property, however, is enforceable if created by:

(1) a transfer of the trust property to a trustee who is neither settlor nor beneficiary if the transferor expresses simultaneously with or prior to the transfer the intention to create a trust; or

(2) a declaration in writing by the owner of property that the owner holds the property as trustee for another person or for the owner and another person as a beneficiary.

Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.

Collected 2026-08-27T01:47:37Z. Source file · JSON

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