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Uniform Trust Code Final Act with Comments

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Uniform Trust Code Final Act with Comments UNIFORM TRUST CODE (Last Revised or Amended in 2010) Drafted by the NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS and by it APPROVED AND RECOMMENDED FOR ENACTMENT IN ALL THE STATES at its ANNUAL CONFERENCE MEETING IN ITS ONE-HUNDRED-AND-NINTH YEAR ST. AUGUSTINE, FLORIDA JULY 28 – AUGUST 4, 2000 WITH PREFATORY NOTE AND COMMENTS Copyright © 2000, 2010 By NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS April 10, 2020 1 ABOUT NCCUSL The National Conference of Commissioners on Uniform State Laws (NCCUSL), now in its 114th year, provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law. Conference members must be lawyers, qualified to practice law. They are practicing lawyers, judges, legislators and legislative staff and law professors, who have been appointed by state governments as well as the District of Columbia, Puerto Rico and the U.S. Virgin Islands to research, draft and promote enactment of uniform state laws in areas of state law where uniformity is desirable and practical. $ NCCUSL strengthens the federal system by providing rules and procedures that are consistent from state to state but that also reflect the diverse experience of the states. $ NCCUSL statutes are representative of state experience, because the organization is made up of representatives from each state, appointed by state government. $ NCCUSL keeps state law up-to-date by addressing important and timely legal issues. $ NCCUSL’s efforts reduce the need for individuals and businesses to deal with different laws as they move and do business in different states. $ NCCUSL’s work facilitates economic development and provides a legal platform for foreign entities to deal with U.S. citizens and businesses. $ NCCUSL Commissioners donate thousands of hours of their time and legal and drafting expertise every year as a public service, and receive no salary or compensation for their work. $ NCCUSL’s deliberative and uniquely open drafting process draws on the expertise of commissioners, but also utilizes input from legal experts, and advisors and observers representing the views of other legal organizations or interests that will be subject to the proposed laws. $ NCCUSL is a state-supported organization that represents true value for the states, providing services that most states could not otherwise afford or duplicate. DRAFTING COMMITTEE TO AMEND UNIFORM TRUST CODE MAURICE A. HARTNETT, III, Delaware Supreme Court, 144 Cooper Road, Dover, DE 19901, Chair FRANK W. DAYKIN, 4745 Giles Way, Carson City, NV 89704, Committee Member and Committee on Style Liaison E. EDWIN ECK, II, University of Montana, School of Law, Missoula, MT 59812 JOHN H. LANGBEIN, Yale Law School, P.O. Box 208215, New Haven, CT 06520 GLEE S. SMITH, P.O. Box 360, 111 E. 8th, Larned, KS 67550 NATHANIEL STERLING, Law Revision Commission, Suite D-1, 4000 Middlefield Road, Palo Alto, CA 94303 RICHARD V. WELLMAN, University of Georgia, School of Law, Athens, GA 30602 DAVID M. ENGLISH, University of Missouri School of Law, Missouri and Conley Avenues, Columbia, MO 65211, Reporter EX OFFICIO FRED H. MILLER, University of Oklahoma, College of Law, 300 Timberdell Rd., Room 3056, Norman, OK 73019, President REX BLACKBURN, 1673 West Shoreline Dr., Suite 200, P.O. Box 7808, Boise, ID 83702, Division Chair AMERICAN BAR ASSOCIATION ADVISOR JOSEPH KARTIGANER, 812 Fifth Ave., New York, NY 10021, American Bar Association Advisor EXECUTIVE DIRECTOR WILLIAM H. HENNING, University of Alabama School of Law, Box 870382, Tuscaloosa, AL 35487-0382, Executive Director WILLIAM J. PIERCE, 1505 Roxbury Rd., Ann Arbor, MI 48104, Executive Director Emeritus Copies of this code may be obtained from: NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS 111 N. Wabash Ave., Suite 1010 Chicago, IL 60602 (312) 450-6600 www.uniformlaws.org 3 UNIFORM TRUST CODE TABLE OF CONTENTS PREFATORY NOTE...................................................................................................................... 1 ARTICLE 1 GENERAL PROVISIONS AND DEFINITIONS SECTION 101. SHORT TITLE. ................................................................................................... 8 SECTION 102. SCOPE. ................................................................................................................ 8 SECTION 103. DEFINITIONS. .................................................................................................... 8 SECTION 104. KNOWLEDGE. ................................................................................................. 18 SECTION 105. DEFAULT AND MANDATORY RULES. ...................................................... 19 SECTION 106. COMMON LAW OF TRUSTS; PRINCIPLES OF EQUITY........................... 25 SECTION 107. GOVERNING LAW. ......................................................................................... 26 SECTION 108. PRINCIPAL PLACE OF ADMINISTRATION................................................ 27 SECTION 109. METHODS AND WAIVER OF NOTICE. ....................................................... 30 SECTION 110. OTHERS TREATED AS QUALIFIED BENEFICIARIES. ............................. 31 SECTION 111. NONJUDICIAL SETTLEMENT AGREEMENTS. ......................................... 34 [SECTION 112. RULES OF CONSTRUCTION.] ..................................................................... 35 [SECTION 113. INSURABLE INTEREST OF TRUSTEE.] ..................................................... 37 ARTICLE 2 JUDICIAL PROCEEDINGS SECTION 201. ROLE OF COURT IN ADMINISTRATION OF TRUST. ............................... 44 SECTION 202. JURISDICTION OVER TRUSTEE AND BENEFICIARY. ............................ 45 [SECTION 203. SUBJECT-MATTER JURISDICTION.] ......................................................... 46 [SECTION 204. VENUE.] .......................................................................................................... 46 ARTICLE 3 REPRESENTATION SECTION 301. REPRESENTATION: BASIC EFFECT. .......................................................... 48 SECTION 302. REPRESENTATION BY HOLDER OF GENERAL TESTAMENTARY POWER OF APPOINTMENT. ........................................................................................ 49 SECTION 303. REPRESENTATION BY FIDUCIARIES AND PARENTS. ........................... 50 SECTION 304. REPRESENTATION BY PERSON HAVING SUBSTANTIALLY IDENTICAL INTEREST. ................................................................................................ 51 SECTION 305. APPOINTMENT OF REPRESENTATIVE. ..................................................... 52 ARTICLE 4 CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST SECTION 401. METHODS OF CREATING TRUST. .............................................................. 54 SECTION 402. REQUIREMENTS FOR CREATION. .............................................................. 56 SECTION 403. TRUSTS CREATED IN OTHER JURISDICTIONS. ....................................... 58 SECTION 404. TRUST PURPOSES. ......................................................................................... 59 SECTION 405. CHARITABLE PURPOSES; ENFORCEMENT. ............................................. 59 SECTION 406. CREATION OF TRUST INDUCED BY FRAUD, DURESS, OR UNDUE INFLUENCE. ................................................................................................................... 61 SECTION 407. EVIDENCE OF ORAL TRUST. ....................................................................... 61 SECTION 408. TRUST FOR CARE OF ANIMAL. .................................................................. 62 SECTION 409. NONCHARITABLE TRUST WITHOUT ASCERTAINABLE BENEFICIARY. ............................................................................................................... 64 SECTION 410. MODIFICATION OR TERMINATION OF TRUST; PROCEEDINGS FOR APPROVAL OR DISAPPROVAL. ................................................................................. 66 SECTION 411. MODIFICATION OR TERMINATION OF NONCHARITABLE IRREVOCABLE TRUST BY CONSENT. ...................................................................... 67 SECTION 412. MODIFICATION OR TERMINATION BECAUSE OF UNANTICIPATED CIRCUMSTANCES OR INABILITY TO ADMINISTER TRUST EFFECTIVELY. ... 72 SECTION 413. CY PRES. .......................................................................................................... 74 SECTION 414. MODIFICATION OR TERMINATION OF UNECONOMIC TRUST. .......... 76 SECTION 415. REFORMATION TO CORRECT MISTAKES. ............................................... 77 SECTION 416. MODIFICATION TO ACHIEVE SETTLOR’S TAX OBJECTIVES.............. 78 SECTION 417. COMBINATION AND DIVISION OF TRUSTS. ............................................ 79 ARTICLE 5 CREDITOR’S CLAIMS; SPENDTHRIFT AND DISCRETIONARY TRUSTS SECTION 501. RIGHTS OF BENEFICIARY’S CREDITOR OR ASSIGNEE. ....................... 81 SECTION 502. SPENDTHRIFT PROVISION. .......................................................................... 82 SECTION 503. EXCEPTIONS TO SPENDTHRIFT PROVISION. .......................................... 84 SECTION 504. DISCRETIONARY TRUSTS; EFFECT OF STANDARD. ............................. 86 SECTION 505. CREDITOR’S CLAIM AGAINST SETTLOR. ................................................ 89 SECTION 506. OVERDUE DISTRIBUTION............................................................................ 92 SECTION 507. PERSONAL OBLIGATIONS OF TRUSTEE. ................................................. 94 5 ARTICLE
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