Sec. 112.084. CERTAIN DISTRIBUTIONS PROHIBITED. (a) Except as provided by Subsection (b), an authorized trustee may not exercise a power to distribute principal of a trust otherwise provided by Section 112.072 or 112.073 if the distribution is expressly prohibited by the terms of the governing instrument of the trust.
(b) A general prohibition of the amendment or revocation of a trust or a provision that constitutes a spendthrift clause does not preclude the exercise of a power to distribute principal of a trust under Section 112.072 or 112.073.
Added by Acts 2013, 83rd Leg., R.S., Ch. 699 (H.B. 2913), Sec. 3, eff. September 1, 2013.
Structure Texas Statutes
Subtitle B - Texas Trust Code: Creation, Operation, and Termination of Trusts
Chapter 112 - Creation, Validity, Modification, and Termination of Trusts
Subchapter D. Distribution of Trust Principal in Further Trust
Section 112.0715. Creation of Second Trust
Section 112.072. Distribution to Second Trust: Trustee With Full Discretion
Section 112.073. Distribution to Second Trust: Trustee With Limited Discretion
Section 112.074. Notice Required
Section 112.075. Written Instrument Required
Section 112.076. Reference to Trust Terms
Section 112.077. Settlor of Second Trust
Section 112.078. Court-Ordered Distribution
Section 112.079. Divided Discretion
Section 112.080. Later Discovered Assets
Section 112.081. Other Authority to Distribute in Further Trust Not Limited
Section 112.082. Need for Distribution Not Required
Section 112.083. Duties Not Created
Section 112.084. Certain Distributions Prohibited
Section 112.085. Exceptions to Power of Distribution