Texas Codes

Tex. Prop. Code § 112.034 (2026)

Merger

✓ current as of May 2026

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Sec. 112.034. MERGER. (a) If a settlor transfers both the legal title and all equitable interests in property to the same person or retains both the legal title and all equitable interests in property in himself as both the sole trustee and the sole beneficiary, a trust is not created and the transferee holds the property as his own. This subtitle does not invalidate a trust account validly created and in effect under Chapter 113, Estates Code.

(b) Except as provided by Subsection (c) of this section, a trust terminates if the legal title to the trust property and all equitable interests in the trust become united in one person.

(c) The title to trust property and all equitable interests in the trust property may not become united in a beneficiary, other than the settlor, whose interest is protected under a spendthrift trust, and in that case the court shall appoint a new trustee or cotrustee to administer the trust for the benefit of the beneficiary.

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

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 846 (H.B. 2780), Sec. 13, eff. September 1, 2019.

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1994–2026 · leading case: Arrington v. United States, 34 Fed. Cl. 144 (Fed. Cl. 1995).

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Arrington v. United States, 34 Fed. Cl. 144 (Fed. Cl. 1995). “11, 1995, at 37 (citing TEX.PROP.CODE ANN. § 112.034 (settlor of trust may not vest all legal and equitable interests in same person)).”

Denton v. United States Bankr. Tr. (In Re Denton), 169 B.R. 612 (W.D. Tex. 1994). “Tex.PROP.Code ANN. § 112.034(a) (Vernon 1984).”

Robert Andresakis v. Benjamin Alexander Modisett, Cori Anne Modisett, HCSB, & Stephen A. Ables (Tex. App. 2017). “1988) (hallmark of trust is separation of legal and equitable estates in the trust property); TEX. PROP. CODE ANN. § 112.034 (West 2014) (consequences of merger of legal title and all equitable interests in trust property).”

David Herbig, Tr. of the Welch Fam. Trust C v. Jeanne Manry Welch, Tr. of the Welch Manry Fam. Trust (Tex. App. 2023). “2d at 78 ; see also TEX. PROP. CODE § 112.034(b) (“[A] trust terminates if the legal title to the trust property and all equitable interests in the trust become united in one person.”

Storey Mountain v. Weldon (5th Cir. 2026). “” See also Tex. Prop. Code § 112.034 (regarding merger).”

Marsha G. Kocurek, Chapter 7 Tr. for the Bankr. Est. of Walter R. Carrington v. Dwyer-Sanders Grp. Partners (Tex. App. 1996). · cites it 2× “Tex. Prop. Code Ann. § 112.034 (a) (West 1995).”

Woody K. Lesikar, Individually & as Tr. of the Woody K. Lesikar Special Trust & as Tr. of the Woodrow v. Lesikar Fam. Trust v. Carolyn Ann Lesikar Moon, Individually & as Tr. of the Carolyn Ann Lesikar Moon Special Trust (Tex. App. 2014). “TEX. PROP. CODE ANN. § 112.034(b) (West 2007) (providing trust generally terminates “if the legal title to the trust property and all equitable interests in the trust become united in one person”).”

Susan England v. Janice Kolbe, as Guardian of the Est. of Edna Moon (Tex. App. 2015). “TEX. PROPERTY CODE § 112.034 complains of each of the trial court's rulings (with the (Vernon 1984); see also RESTATEMENT (Second) OF exception of the ruling that the trust failed due to a merger), TRUST § 99 (1959).”

Stephen C. Kuhns v. Donald F. Carnes, Tr. of the Frances P. Kuhns Trust (Tex. App. 1999). “See Tex. Prop. Code Ann. § 112.034 (b) (West 1995).”

— Tex. Prop. Code § 112.034(a) — 1 case

Denton v. United States Bankr. Tr. (In Re Denton), 169 B.R. 612 (W.D. Tex. 1994). “Tex.PROP.Code ANN. § 112.034(a) (Vernon 1984).”

— Tex. Prop. Code § 112.034(b) — 2 cases

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