pjc-family-2024-lib

E XPRESS T RUSTS

PJC 235.5

PJC 235.5

Revocation of Trust

QUESTION ______ Did SETTLOR revoke the document dated DATE ? Answer “Yes” or “No.” Answer: _______________

COMMENT Source. The foregoing submission is based on Tex. Prop. Code § 112.051. When to use . Revocation of a trust created by a written instrument must be in writing unless the trust instrument provides otherwise. Tex. Prop. Code §§ 111.0035(b), 112.051. Therefore, unlike a will, a trust instrument may not generally be revoked by destroying it. See PJC 230.9 (revocation of will). However, if the settlor reserves a power to revoke the trust but does not specify any mode of revocation, the power can be exercised in any manner that sufficiently evidences the intention of the settlor to revoke the trust. Sanderson v. Aubrey , 472 S.W.2d 286 (Tex. App.—Fort Worth 1971, writ ref’d n.r.e.) (language in settlor’s will revoking inter vivos trust was effective revocation as of date will was signed). Identifying document. Any appropriate wording to identify the document may be used in place of the document dated DATE in the question. For example, the docu ment might be identified by its exhibit number. Instruction if trust sets out specific method of revocation. In an appropriate case, an instruction describing the specific method required for revocation should be set out in an instruction. The following is an example only. To revoke the document dated DATE, SETTLOR must have given a copy of the revocation to TRUSTEE .

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