Texas Codes

Tex. Prop. Code § 240.006 (2026)

Power To Disclaim By Person Other Than Fiduciary

✓ current as of May 2026

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Sec. 240.006. POWER TO DISCLAIM BY PERSON OTHER THAN FIDUCIARY. (a) A person other than a fiduciary may disclaim, in whole or in part, any interest in or power over property, including a power of appointment.

(b) A person other than a fiduciary may disclaim an interest or power under this section even if the creator of the interest or power imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.

Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: Joan Gottlieb Mendell v. Laurence Scott & Rachel Chaput (Tex. App. 2023).

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Joan Gottlieb Mendell v. Laurence Scott & Rachel Chaput (Tex. App. 2023). “(b) A person other than a fiduciary may disclaim an interest or power under this section even if the creator of the interest or power imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.”

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