Is it time to update your trust? 10-issues to consider that can affect your family
April 28, 2025
What Is a Trust Protector?
A trust protector is an independent person or entity appointed in a trust document to oversee
certain aspects of the trust. The trust protector is not the trustee, but rather someone who has
specific powers to ensure that the trust is administered according to your wishes, even if
circumstances change after the trust is created.
Why Appoint a Trust Protector?
Trusts are often designed to last for many years, and it is impossible to predict all future changes
in the law, family circumstances, or other relevant factors. A trust protector can provide
flexibility by having the authority to make certain changes or decisions that help the trust
continue to meet your goals.
Typical Powers of a Trust Protector
The specific powers of a trust protector are defined in the trust document. Common powers may
include:
•Removing and replacing the trustee if necessary
•Amending the Trust to comply with changes in the law
•Resolving disputes between beneficiaries and the trustee
•Approving or vetoing certain actions of the trustee
•Changing the trust’s situs (location) or governing law if needed
How Is a Trust Protector Different from a Trustee?
The trustee is responsible for managing the trust’s assets and carrying out the day-to-day
administration of the trust. The Trust Protector, on the other hand, acts as an overseer or
“referee,” with the authority to intervene in specific situations as outlined in the Trust document.
Is a Trust Protector Required?
Appointing a trust protector is optional, but it can be a valuable tool for providing oversight and
flexibility, especially in long-term or complex irrevocable trusts.
Legal Requirements for Appointing a Trust Protector in TexasTexas law expressly recognizes the role of a Trust Protector (sometimes referred to as a “trust
advisor”) under the Texas Trust Code. The relevant statute is Texas Property Code § 114.0031,
which provides the legal framework for appointing and defining the powers of a Trust Protector
in Texas trusts.
Conclusion
Including a Trust Protector in your estate plan can help ensure that your wishes are carried out,
even as circumstances change over time. If you have any questions about the role of a Trust
Protector or how this may apply to your estate plan, please do not hesitate to contact our office.
Legal Disclaimer – The information provided is designed for general information only and is not intended to be legal advice, nor does it create an attorney client relationship. Consult an attorney before making any legal decisions based on your individual circumstances.
