When a marriage is dissolved, certain trust provisions for a former spouse or related persons are revoked unless a court order, the trust’s express terms, or a marital-property contract says otherwise.
Sec. 123.052. REVOCATION OF CERTAIN NONTESTAMENTARY TRANSFERS; TREATMENT OF FORMER SPOUSE AS BENEFICIARY UNDER CERTAIN POLICIES OR PLANS. (a) The dissolution of the marriage revokes a provision in a trust instrument that was executed by a divorced individual as settlor before the divorced individual's marriage was dissolved and that: (1) is a revocable disposition or appointment of property made to the divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual; (2) revocably confers a general or special power of appointment on the divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual; or (3) revocably nominates the divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual to serve: (A) as a personal representative, trustee, conservator, agent, or guardian; or (B) in another fiduciary or representative capacity. (b) Subsection (a) does not apply if one of the following provides otherwise: (1) a court order; (2) the express terms of a trust instrument executed by the divorced individual before the individual's marriage was dissolved; or (3) an express provision of a contract relating to the division of the marital estate entered into between the divorced individual and the individual's former spouse before, during, or after the marriage. (c) Sections 9.301 and 9.302, Family Code, govern the designation of a former spouse as a beneficiary of certain life insurance policies or as a beneficiary under certain retirement benefit plans or other financial plans. Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.14, eff. January 1, 2014. Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 4, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 5, eff. September 1, 2017.