Can a Settlor Revoke or Modify a Trust?

Whether a Settlor, the person who creates a trust, can revoke or modify it depends on if the trust is irrevocable or revocable.

According to Section 112.051 of the Texas Trust Code, a Settlor may revoke a trust unless the express terms of the trust make it irrevocable. If the trust is revocable, the Settlor can modify or amend it, but may not enlarge the duties of the trustee without the trustees express consent.

Any trust that was created in writing must be revoked, modified or amended in writing.

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Rania Combs

Licensed in Texas & North Carolina

Rania graduated magna cum laude from South Texas College of Law Houston. She has been licensed to practice law since 1994 and enjoys helping clients in Texas and North Carolina create estate plans that give them peace of mind.