Now, How Do I Decant a Trust?


Decanting has been Texas law for almost three months and several articles have discussed what can be accomplished by decanting (e.g., Bill Pargaman’s 2013 Legislative Update). This article will discuss the documents needed to decant under Texas law without obtaining the approval of the court. (While a court approval can be obtained, your client probably wants to avoid the cost of doing so.)

While the ability of the trustee to decant depends on whether the trustee has full discretion under the Texas Property Code (TPC) § 112.072 or limited discretion under TPC § 112.073, the decanting process is the same for both. The requirement that notice be provided to trust beneficiaries mentions an authorized trustee and does not differentiate between full-discretion and limited-discretion trustees. TPC § 112.074(a).

Originally published in Real Estate, Probate, and Trust Law reporter in December 2013.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Porter Hedges LLP | Attorney Advertising

Written by:


Porter Hedges LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.