Sec. 112.004. STATUTE OF FRAUDS. 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.
Structure Texas Statutes
Subtitle B - Texas Trust Code: Creation, Operation, and Termination of Trusts
Chapter 112 - Creation, Validity, Modification, and Termination of Trusts
Section 112.001. Methods of Creating Trust
Section 112.002. Intention to Create Trust
Section 112.003. Consideration
Section 112.004. Statute of Frauds
Section 112.005. Trust Property
Section 112.006. Additions to Trust Property
Section 112.007. Capacity of Settlor
Section 112.008. Capacity of Trustee
Section 112.009. Acceptance by Trustee
Section 112.010. Presumed Acceptance by Beneficiary; Disclaimer