Tex. Codes » Property Code · TITLE 9. TRUSTS · SUBTITLE B. TEXAS TRUST CODE: CREATION, OPERATION, AND TERMINATION OF TRUSTS · CHAPTER 112. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS
Texas Codes

Tex. Prop. Code § 112.004 (2026)

Statute Of Frauds

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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.

Notes of Decisions
Cited in 21 cases (3 in the last 5 years), 1998–2023 · leading case: the Episcopal Church, the Local Episcopal Parties, the Local Episcopal Congregations, & the Most Rev. Katharine Jefferts Schori v. Franklin Salazar & Intervening Congregations, 547 S.W.3d 353 (Tex. App.—Fort Worth 2018).
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the Episcopal Church, the Local Episcopal Parties, the Local Episcopal Congregations, & the Most Rev. Katharine Jefferts Schori v. Franklin Salazar & Intervening Congregations, 547 S.W.3d 353 (Tex. App.—Fort Worth 2018). · cites it 2× “See Tex. Prop. Code Ann. § 112.004 ; Act of April 15, 1943, 48th Leg.”
Masterson v. Diocese of Nw. Texas, 422 S.W.3d 594 (Tex. 2013). “01; Tex. Prop. Code § 112.004. The Episcopal Leaders moved for summary judgment.”
Ayers v. Mitchell, 167 S.W.3d 924 (Tex. App.—Texarkana 2005). · cites it 2× “However, a trust in personal property may be created, and the trust enforced, where there is a) a transfer of the trust property; b) to a trustee; c) who is neither settlor; d) nor beneficiary; e) if the transferor expresses at the time or before the transfer his or her intent…”
Winn v. Holdaway (In Re Holdaway), 388 B.R. 767 (Bankr. S.D. Tex. 2008). “” Tex. Prop.Code Ann. § 112.004 (Vernon 2008).”
Procom Energy, L.L.A. v. Roach, 16 S.W.3d 377 (Tex. App.—Tyler 2000). “See also Tex. Prop.Code Ann. §§ 112.004 and 5.021 (Vernon 1984).”
In Re the Est. of Berger, 174 S.W.3d 845 (Tex. App.—Waco 2005). “” Tex. PROp.Code Ann. § 112.004 (Vernon 1995).”
Episcopal Diocese of Fort Worth v. Episcopal Church, 422 S.W.3d 646 (Tex. 2013). “See Tex. Prop.Code §§ 112.004, .051. These issues were not addressed by the trial court because it granted summary judgment based on deference principles.”
Rita Mary Gause v. Thomas X. Gause, 496 S.W.3d 913 (Tex. App.—Austin 2016). “It is true, as Rita implies in her brief, that the statute of frauds requires one seeking to enforce a purported trust in real property to present “written evidence of the trust’s terms bearing signature of the seller or the seller’s authorized agent.”
Carroll v. Carroll, 304 S.W.3d 414 (Tex. App.—Waco 2008). “Thus, the Texas Trust Code contains a statute of frauds applicable to the creation of a “trust in either real or personal property,” which provides that such a trust “is enforceable only if there is written evidence of the trust’s terms bearing the signature of the settlor or…”
Marshall v. Marshall (In re Marshall), 392 F.3d 1118 (9th Cir. 2004). “Tex. Prop. Code § 112.004. . There were also proceedings in Louisiana state court, which are not at issue here.”
Frank Ahlgren III & the Copernican, LLC v. Frank Ahlgren Jr. & Elise Leake, as Co-Trs. of the Ahlgren Mgmt. Trust, No. 13-22-00029-CV (Tex. App.—Corpus Christi–Edinburg June 15, 2023). · cites it 2× “See TEX. PROP. CODE ANN. § 112.004(1) (“A trust consisting of personal property .”
Rita Mary Gause v. Thomas X. Gause, No. 03-13-00768-CV (Tex. App.—Austin Feb. 2, 2015). · cites it 3× “16 Statutes TEX. PROP. CODE ANN. § 112.004 (Vernon 2014) .”
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Tex. Prop. Code § 112.004(1): 2 cases
Ayers v. Mitchell, 167 S.W.3d 924 (Tex. App.—Texarkana 2005). “However, a trust in personal property may be created, and the trust enforced, where there is a) a transfer of the trust property; b) to a trustee; c) who is neither settlor; d) nor beneficiary; e) if the transferor expresses at the time or before the transfer his or her intent…”
Frank Ahlgren III & the Copernican, LLC v. Frank Ahlgren Jr. & Elise Leake, as Co-Trs. of the Ahlgren Mgmt. Trust, No. 13-22-00029-CV (Tex. App.—Corpus Christi–Edinburg June 15, 2023). “See TEX. PROP. CODE ANN. § 112.004(1) (“A trust consisting of personal property .”
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