Tex. Codes » Property Code · TITLE 9. TRUSTS · SUBTITLE B. TEXAS TRUST CODE: CREATION, OPERATION, AND TERMINATION OF TRUSTS · CHAPTER 114. LIABILITIES, RIGHTS, AND REMEDIES OF TRUSTEES, BENEFICIARIES, AND THIRD PERSONS
Texas Codes

Tex. Prop. Code § 114.005 (2026)

Release Of Liability By Beneficiary

✓ current as of May 2026
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Sec. 114.005. RELEASE OF LIABILITY BY BENEFICIARY. (a) A beneficiary who has full legal capacity and is acting on full information may relieve a trustee from any duty, responsibility, restriction, or liability as to the beneficiary that would otherwise be imposed on the trustee by this subtitle, including liability for past violations.

(b) The release must be in writing and delivered to the trustee.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 451 (H.B. 564), Sec. 8, eff. September 1, 2007.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2015–2024 · leading case: In the Est. of Claude M. Cooper, Jr. v. the State of Texas (Tex. App. 2024).
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Austin Trust Co. as Tr. of the Bob & Elizabeth Lanier Descendants Trusts for Robert Clayton Lanier, Jr. v. Jay Houren, as Indep. of the Est. of Robert C. Lanier (Tex. 2023). · cites it 2× “” TEX. PROP. CODE § 114.005(a) (emphasis added).”
In the Est. of Claude M. Cooper, Jr. v. the State of Texas (Tex. App. 2024). · cites it 2× “Tex. Prop. Code Ann. § 114.005 ; Austin Tr.”
in Re Daniel W. Warren, Beneficiary of the Daniel Steven Weiner 1996 Trust (Tex. App. 2015). · cites it 2× “and liabilities or responsibilities of whatsoever kind or nature, that would otherwise be imposed on the trustee and which may arise out of or in connection with the trusteeship of the David Abraham Weiner 1994 Trust and the Daniel Steven Weiner 1996 Trust, including liability…”
— Tex. Prop. Code § 114.005(a) — 1 case
Austin Trust Co. as Tr. of the Bob & Elizabeth Lanier Descendants Trusts for Robert Clayton Lanier, Jr. v. Jay Houren, as Indep. of the Est. of Robert C. Lanier (Tex. 2023). “” TEX. PROP. CODE § 114.005(a) (emphasis added).”
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