Texas Codes

Tex. Prop. Code § 112.038 (2026)

Forfeiture Clause

✓ current as of May 2026

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Sec. 112.038. FORFEITURE CLAUSE. (a) A provision in a trust that would cause a forfeiture of or void an interest for bringing any court action, including contesting a trust, is enforceable unless in a court action determining whether the forfeiture clause should be enforced, the person who brought the action contrary to the forfeiture clause establishes by a preponderance of the evidence that:

(1) just cause existed for bringing the action; and

(2) the action was brought and maintained in good faith.

(b) This section is not intended to and does not repeal any law, recognizing that forfeiture clauses generally will not be construed to prevent a beneficiary from seeking to compel a fiduciary to perform the fiduciary's duties, seeking redress against a fiduciary for a breach of the fiduciary's duties, or seeking a judicial construction of a will or trust.

Added by Acts 2009, 81st Leg., R.S., Ch. 414 (H.B. 1969), Sec. 3, eff. June 19, 2009.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 657 (S.B. 1197), Sec. 2, eff. September 1, 2011.

Acts 2013, 83rd Leg., R.S., Ch. 351 (H.B. 2380), Sec. 3.01, eff. September 1, 2013.

Acts 2017, 85th Leg., R.S., Ch. 62 (S.B. 617), Sec. 3, eff. September 1, 2017.

SUBCHAPTER C. REVOCATION, MODIFICATION, AND TERMINATION OF TRUSTS

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2018–2023 · leading case: Jenifer Duncan v. Olga Rawls, 812 S.E.2d 647 (Ga. Ct. App. 2018).

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Jenifer Duncan v. Olga Rawls, 812 S.E.2d 647 (Ga. Ct. App. 2018). · cites it 2× “005, Tex. Prop. Code § 112.038; Utah Code §§ 75-2-515, 75-3-905; In re Chappell’s Estate, 221 P.”

in Re: Lauren Fenenbock (Tex. App. 2020). “See TEX.PROP.CODE ANN. § 112.038. 16 Because Lauren met her burden here, we must presume that she shared confidences with her attorney related to the subjects of the representation.”

in Re: Lauren Fenenbock (Tex. App. 2020). “See TEX.PROP.CODE ANN. § 112.038. 16 representing Glenna in a lawsuit against Lauren, his former client.”

Jennifer C. Cass & Nichole R. Malicoat v. Cheryl Anne Hughes, as Tr. of the Jimmy Celtyn Hughes QTIP Marital Trust (Tex. App. 2023). “” Tex. Prop. Code Ann. § 112.038 (b). More importantly, Section 114.”

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