Sec. 115.011. PARTIES. (a) Any interested person may bring an action under Section 115.001 of this Act.
(b) Contingent beneficiaries designated as a class are not necessary parties to an action under Section 115.001. The only necessary parties to such an action are:
(1) a beneficiary of the trust on whose act or obligation the action is predicated;
(2) a beneficiary of the trust designated by name, other than a beneficiary whose interest has been distributed, extinguished, terminated, or paid;
(3) a person who is actually receiving distributions from the trust estate at the time the action is filed; and
(4) the trustee, if a trustee is serving at the time the action is filed.
(c) The attorney general shall be given notice of any proceeding involving a charitable trust as provided by Chapter 123 of this code.
(d) A beneficiary of a trust may intervene and contest the right of the plaintiff to recover in an action against the trustee as representative of the trust for a tort committed in the course of the trustee's administration or on a contract executed by the trustee.
Amended by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984; Acts 1995, 74th Leg., ch. 172, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 148 (H.B. 1190), Sec. 23, eff. January 1, 2006.
Acts 2011, 82nd Leg., R.S., Ch. 657 (S.B. 1197), Sec. 6, eff. September 1, 2011.
Structure Texas Statutes
Subtitle B - Texas Trust Code: Creation, Operation, and Termination of Trusts
Chapter 115 - Jurisdiction, Venue, and Proceedings
Subchapter B. Parties, Procedure, and Judgments
Section 115.012. Rules of Procedure
Section 115.013. Pleadings and Judgments
Section 115.014. Guardian or Attorney Ad Litem
Section 115.015. Notice to Beneficiaries of Tort or Contract Proceeding