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In TX, all inter vivos trusts are revocable and amendable by the settlor unless expressly made irrevocable and unamendable.
Where a trust is revocable and amendable, ANY revocation/amendment must be made in writing. Oral revocation ineffective even if amendments to oral trust of personal property.
Settlor creates revocable trust, later incapacitated. Guardian lacks authority to revoke trust. Only a court can revoke upon finding revocation is in ward's best interest.

Divorce revokes all revocable trust provisions in favor of former spouse (but, unlike will, not provisions in favor of relatives of former spouse), unless trust re-executed or a contract/court order provides otherwise.
As long as one or more trust beneficiaries besides the settlor, a trust is not void as an attempted testamentary disposition (doesn't have to be executed with formalities of a will) even tho settlor retains one or more of the following rights and powers:
- income for life
- power to revoke, alter or amend trust
- power to control trustee in trust administration
- power to add property, life insurance proceeds, employee benefits to trust
- Settlor can name herself trustee, to serve as long as she has capacity
Pourover will: provides means for adding testamentary assets to a trust created by the testator during lifetime.
By statute, pourover gift is valid:
1) even if trust is subject to revocation and amendment and is later amended;
2) even if trust is unfunded (elim. concern about 'trust property' in unfunded life insurance trust)

Trust need not be in existence before or executed concurrently with will; can be created after will's signed.
Valid amendment to trust (that has the effect of indirectly changing will w/o attesting witnesses): trust law controls. Must be in writing and signed, but witnesses not required.
Right of survivorship in a joint bank account is valid if the signature card (i.e., account agreement) was signed by the party who has died.
Even if survivor didn't sign; unless, survivorship account between H/W funded with CP- in which case, both spouses must sign the signature card.
Durable power of attorney: must be signed and acknowledge before notary public. Authorizes another person to act on behalf of the principal.
Agent's authority unaffected by principal's incapacity if it so states.

Principal can grant a springing durable power: power of attorney becomes effective upon incapacity.
Third parties who rely on a durable power w/o actual knowledge that it has been revoked or that principal has died, are protected. A durable power given to principal's spouse terminates on divorce, but not on principal's bankruptcy.

Appointment of guardian of the estate for principal terminates the durable power.
Charitable trusts:

- not subject to RAP; may be perpetual
- must be charitable purpose; confer substantial amt of social benefit
- in favor of reasonably large segment of public at large, no identifiable individuals
- may be reformed by cy pres
Cy pres doctrine: judicial proceedings where trust purpose is reformed

Diverting funds to another charitable activity can't be done by trustee acting on own; must be judicial proceeding
RAP

Limits duration of private trusts; checks attempts to tie up property through creation fo perpetual trusts.

Doesn't apply to charitable trusts.
No interest is good unless it must vest, if at all, not later than 21 years after some lif ein being at the interest's creation. (LIB + 21 years)
TX has 'cy pres type' perpetuities reform statute. If will or trust violates RAP, instrument shall be reformed or construed so as to carry out settlor's general interest as far as possible w/in period of the Rule. (ie, within lives in being + 21)
Valid charitable trust: AG can enforce.

AG is proper party to any suit concerning charitable trust.
In any action involving charitable trust, a certified copy of the petition must be sent to AG by registered or certified mail. Failure to give notice makes judgment voidable by AG.
Simply because trust can't satisfy specific direction, doesn't mean there's reason to frustrate general intent.

Thus, cy pres and reform.
Equitable cy pres doctrine, by which a trust can be reformed to carry out the settlor's general charitable purpose as near as possible, applies ONLY to charitable trust. Traditional cy pres doctrine n/a to noncharitable trusts.
Perpetituities reform statute that applies to noncharitable trusts applies ONLY when there's violation of RAP. To carry out settlor's intent as far as possible w/in period of RAP.
If named charitable beneficiary under a trust ceases to exist, or ceases to qualify as charity for fed tax purposes; trustee can name new charity as beneficiary w/o court proceeding.
BUT trustee must give notice to AG re selection.

Note: Where trust purpose changed, judicial cy pres proceeding must be brought to divert income to related activity "as near as possible."
To have a trust, trustee must owe enforceable duties to someone. This is not a charitable trust; has no individual benefiaries who can enforce the trust.

Type of gift where object is beneficiary is sometimes called "honorary trust gift."
Gift is valid only in sense that it will be upheld if trustee chooses to perform. If doesn't, then gift fails and there is a resulting trust-- here, in favor of residuary beneficiary.
Additional problem w/these trusts: RAP unless trust is limited to 21 years duration (objects can't be used as measuring lives, so trust might last longer than LIB + 21)

Probable result under TX cy pres- honorary trust valid for 21 years.
Where beneficiary is an animal, valid trust.
Only animals alive during settlor's lifetime can be beneficiaries. Trust ends on death of animal (or last surviving); individuals named in instrument creating trust can be used as "measuring lives" for RAP; trust enforceable by person named in trust or appointed by court.
Trust not used for animal's care distributed to settlor if living; otherwise under settlor's will or by intestacy.

However, outright bequest to an animal is void. Animals can't hold title.