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 § 112.008 (2026)

Capacity Of Trustee

✓ current as of May 2026
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Sec. 112.008. CAPACITY OF TRUSTEE. (a) The trustee must have the legal capacity to take, hold, and transfer the trust property. If the trustee is a corporation, it must have the power to act as a trustee in this state.

(b) Except as provided by Section 112.034, the fact that the person named as trustee is also a beneficiary does not disqualify the person from acting as trustee if he is otherwise qualified.

(c) The settlor of a trust may be the trustee of the trust.

Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.

Notes of Decisions
Cited in 4 cases, 1995–2009 · leading case: Sharma v. Routh, 302 S.W.3d 355 (Tex. App. 2009).
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Sharma v. Routh, 302 S.W.3d 355 (Tex. App. 2009). · cites it 2× “See Tex. PROP. Code Ann. § 112.008 (b) (Vernon 2006).”
Ozee v. Am. Council on Gift Annuities, 888 F. Supp. 1318 (N.D. Tex. 1995). · cites it 2× “1995), and any corporation doing business under any charter involving annuities has engaged in “the business of insurance.” 2. Engaging in an Unauthorized Trust Business The Texas Trust Code requires that corporate trustees have two attributes: (1) “the legal capacity to take,…”
Frank Evans v. Greg Abbott, Attorney Gen. of the State of Texas (Tex. App. 2003). “--Austin 1991, writ denied) (appellate court generally may not consider matters outside the appellate record); see also Tex. Prop. Code Ann. § 112.008 (West 1995) (beneficiary not automatically disqualified from being trustee); Gonzalez v.”
Frank Evans v. Greg Abbott, Attorney Gen. of the State of Texas (Tex. App. 2003). “—Austin 1991, writ denied) (appellate court generally may not consider matters outside the appellate record); see also Tex. Prop. Code Ann. § 112.008 (West 1995) (beneficiary not automatically disqualified from being trustee); Gonzalez v.”
— Tex. Prop. Code § 112.008(b) — 1 case
Sharma v. Routh, 302 S.W.3d 355 (Tex. App. 2009). “See Tex. PROP. Code Ann. § 112.008 (b) (Vernon 2006).”
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