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 § 112.051 (2026)

Revocation, Modification, Or Amendment By Settlor

✓ current as of May 2026
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Sec. 112.051. REVOCATION, MODIFICATION, OR AMENDMENT BY SETTLOR. (a) A settlor may revoke the trust unless it is irrevocable by the express terms of the instrument creating it or of an instrument modifying it.

(b) The settlor may modify or amend a trust that is revocable, but the settlor may not enlarge the duties of the trustee without the trustee's express consent.

(c) If the trust was created by a written instrument, a revocation, modification, or amendment of the trust must be in writing.

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

Notes of Decisions
Cited in 23 cases (2 in the last 5 years), 1986–2025 · leading case: Masterson v. Diocese of Nw. Texas, 422 S.W.3d 594 (Tex. 2013).
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Robert Litoff v. David Case, Tr. (Tex. App. 2025). “, Tex. Prop. Code §§ 112.051–059 (Subchapter C: Revocation, Modification, and Termination of Trusts), and id.”
Barrett v. Barrett, 2025 Tex. Bus. 37 (2025). “See TEX. PROP. CODE § 112.051 et seq. (outlining modification of trusts); id.”
The Episcopal Diocese of Fort Worth v. the Episcopal Church (Tex. 2020). “” In the alternative, and contrary to our holdings in Masterson and Episcopal Diocese, TEC insists that the Dennis Canon is irrevocable notwithstanding the absence of express language of irrevocability, as required by Texas Property Code section 112.051. TEC cites Shellberg v.”
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. 2018). “Laws at 3659 (current version at Tex. Prop. Code Ann. § 112.051 ); see also Ayers v.”
Jinkins v. Jinkins, 522 S.W.3d 771 (Tex. App. 2017). “While a will is generally revocable at any time before the testator’s death, the law governing the revocation of a trust is different. A settlor may revoke a trust unless it is irrevocable by the express terms of the instrument creating it or of an instrument modifying it.”
John Randolph Jinkins M.D. v. Jeffrey Fuller Jinkins, Mary Celeste Jinkins, & Wiley Junior Jinkins, III Individually & as Tr. (Tex. 2017). “While a will is generally revocable at any time before the testator’s death, the law governing the revocation of a trust is different.”
in Re George Green & Garlan Green (Tex. App. 2015). “companion case[3]--but here the Court can only reach [Texas Property Code § 112.051] requires express terms them by overreaching.”
Presbytery of New Covenant, Inc. v. First Presbyterian Church of Houston (Tex. App. 2015). “See TEX. PROP. CODE § 112.051(a) (“A settlor may revoke the trust unless it is irrevocable by the express terms of the instrument creating it or of an instrument modifying it.”
Benavides v. Mathis, 433 S.W.3d 59 (Tex. App. 2014). “-Houston (Galveston) 1960, writ dism’d) (holding express use of word “irrevocably” in granting clause legally sufficient to make trust agreement irrevocable); see also Tex. Prop. Code Ann. § 112.051 (a) (West 2007) (“A settlor may revoke the trust unless it is irrevocable by the…”
Leticia R. Benavides v. Shirley Hale Mathis, as Temp. Guardian of the Est. of Carlos Y. Benavides, Jr., Carlos Y. Benavides III, Tomas Benavides & Ana B. Galo, as Co-Trs. of the Benavides Fam. Mineral Trust (Tex. App. 2014). “—Houston (Galveston) 1960, writ dism’d) (holding express use of word “irrevocably” in granting clause legally sufficient to make trust agreement irrevocable); see also TEX. PROP. CODE ANN. § 112.051(a) (West 2007) (“A settlor may revoke the trust unless it is irrevocable by the…”
Masterson v. Diocese of Nw. Texas, 422 S.W.3d 594 (Tex. 2013). · cites it 2× “See Tex. Prop. Code § 112.051 (“A settlor may revoke the trust unless it is irrevocable by the express terms of the instrument creating it or of an instrument modifying it.”
Episcopal Diocese of Fort Worth v. Episcopal Church, 422 S.W.3d 646 (Tex. 2013). “There we said that even assuming a trust was created as to parish property by the Dennis Canon and the bylaws and actions of a parish non-profit corporation holding title to the property, the Dennis Canon “simply does not contain language making the trust expressly irrevocable .”
Show all 23 citing cases →
— Tex. Prop. Code § 112.051(a) — 5 cases
Ayers v. Mitchell, 167 S.W.3d 924 (Tex. App. 2005).
Starcrest Trust v. Berry, 926 S.W.2d 343 (Tex. App. 1996).
In Re White Intervivos Trusts, 248 S.W.3d 340 (Tex. App. 2007).
Leticia R. Benavides v. Shirley Hale Mathis, as Temp. Guardian of the Est. of Carlos Y. Benavides, Jr., Carlos Y. Benavides III, Tomas Benavides & Ana B. Galo, as Co-Trs. of the Benavides Fam. Mineral Trust (Tex. App. 2014). “—Houston (Galveston) 1960, writ dism’d) (holding express use of word “irrevocably” in granting clause legally sufficient to make trust agreement irrevocable); see also TEX. PROP. CODE ANN. § 112.051(a) (West 2007) (“A settlor may revoke the trust unless it is irrevocable by the…”
Presbytery of New Covenant, Inc. v. First Presbyterian Church of Houston (Tex. App. 2015). “See TEX. PROP. CODE § 112.051(a) (“A settlor may revoke the trust unless it is irrevocable by the express terms of the instrument creating it or of an instrument modifying it.”
— Tex. Prop. Code § 112.051(b) — 1 case
Antonio M. Vela, Jr v. GRC Land Holdings, Ltd., 383 S.W.3d 248 (Tex. App. 2012).
— Tex. Prop. Code § 112.051(c) — 1 case
Moon v. Lesikar, 230 S.W.3d 800 (Tex. App. 2007).
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