{"data":{"id":"us-tx/tex.-property-code-240.007","jurisdiction":"us-tx","citation":"Tex. Property Code § 240.007","heading":"POWER TO DISCLAIM POWER HELD IN FIDUCIARY CAPACITY BY PERSON DESIGNATED TO SERVE AS OR SERVING AS FIDUCIARY.","body":"(a) Subject to Subsection (b) and except to the extent the person's right to disclaim is expressly restricted or limited by a law of this state or by the instrument creating the fiduciary relationship, a person designated to serve or serving as a fiduciary may disclaim, in whole or in part, any power over property, including a power of appointment and the power to disclaim, held in a fiduciary capacity.\n(b) If a power being disclaimed under Subsection (a) by a person designated to serve or serving as a trustee affects the distributive rights of any beneficiary of the trust:\n(1) the person may disclaim only on or after accepting the trust;\n(2) the disclaimer must be compatible with the trustee's fiduciary obligations; and\n(3) if the disclaimer is made on accepting the trust, the trustee is considered to have never possessed the power disclaimed.\n(c) A person designated to serve or serving as a fiduciary may disclaim a power under this section even if the creator of the power imposed a spendthrift provision or similar restriction on transfer.\nAdded by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.","path":["PROPERTY CODE","TITLE 13. DISCLAIMER OF PROPERTY INTERESTS","CHAPTER 240. TEXAS UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT","SUBCHAPTER A. GENERAL PROVISIONS"],"source_url":"https://statutes.capitol.texas.gov/Docs/PR/htm/PR.240.htm#240.007","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:37Z","sha256":"ebaf2c30ffe3581732cb71c831612ff8ae77b528ad12c67a9551eff321027bba","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-property-code-240.006","next":"us-tx/tex.-property-code-240.008"},"notice":"GroundRules: Original legal text. Not legal advice."}