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 § 114.007 (2026)

Exculpation Of Trustee

✓ current as of May 2026
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Sec. 114.007. EXCULPATION OF TRUSTEE. (a) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that the term relieves a trustee of liability for:

(1) a breach of trust committed:

(A) in bad faith;

(B) intentionally; or

(C) with reckless indifference to the interest of a beneficiary; or

(2) any profit derived by the trustee from a breach of trust.

(b) A term in a trust instrument relieving the trustee of liability for a breach of trust is ineffective to the extent that the term is inserted in the trust instrument as a result of an abuse by the trustee of a fiduciary duty to or confidential relationship with the settlor.

(c) This section applies only to a term of a trust that may otherwise relieve a trustee from liability for a breach of trust. Except as provided in Section 111.0035, this section does not prohibit the settlor, by the terms of the trust, from expressly:

(1) relieving the trustee from a duty or restriction imposed by this subtitle or by common law; or

(2) directing or permitting the trustee to do or not to do an action that would otherwise violate a duty or restriction imposed by this subtitle or by common law.

Added by Acts 2005, 79th Leg., Ch. 148 (H.B. 1190), Sec. 21, eff. January 1, 2006.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2012–2023 · leading case: Martin v. Martin, 363 S.W.3d 221 (Tex. App. 2012).
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Martin v. Martin, 363 S.W.3d 221 (Tex. App. 2012). · cites it 4× “TEX. PROP.CODE ANN. § 114.007 (West 2007).”
Joan Gottlieb Mendell v. Laurence Scott & Rachel Chaput (Tex. App. 2023). · cites it 2× “TEX. PROP. CODE § 114.007(a). This court has held that an exculpatory clause is an affirmative defense.”
O'Shea v. O'Shea (Me. Super. Ct 2020). · cites it 2× “Tex. Prop. Code Ann. § 114.007 (a). As is obvious by its plain language,§ 10.”
Scott D. Martin, Individually & as Tr. of the Ruben S. Martin, III, Dynasty Trust v. Courtney Noel Martin & Robin Thomas Martin (Tex. App. 2012). · cites it 2× “TEX. PROP. CODE ANN. § 114.007 (West 2007).”
Deborah Patterson Howard Goughnour v. Robert H. Patterson, Jr., Tr. of the Deborah Patterson Howard Trust (Tex. App. 2018). “TEX. PROP. CODE ANN. § 114.007(a) (West 2014).”
Deborah Patterson Howard Goughnour v. Robert H. Patterson, Jr., Tr. of the Deborah Patterson Howard Trust (Tex. App. 2019). “TEX. PROP. CODE ANN. § 114.007(a) (West 2014).”
— Tex. Prop. Code § 114.007(a) — 4 cases
Joan Gottlieb Mendell v. Laurence Scott & Rachel Chaput (Tex. App. 2023). “TEX. PROP. CODE § 114.007(a). This court has held that an exculpatory clause is an affirmative defense.”
Deborah Patterson Howard Goughnour v. Robert H. Patterson, Jr., Tr. of the Deborah Patterson Howard Trust (Tex. App. 2018). “TEX. PROP. CODE ANN. § 114.007(a) (West 2014).”
Deborah Patterson Howard Goughnour v. Robert H. Patterson, Jr., Tr. of the Deborah Patterson Howard Trust (Tex. App. 2019). “TEX. PROP. CODE ANN. § 114.007(a) (West 2014).”
O'Shea v. O'Shea (Me. Super. Ct 2020). “Tex. Prop. Code Ann. § 114.007 (a). As is obvious by its plain language,§ 10.”
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