Mo. Rev. Stat. ch. 456 – Trusts and Trustees — The Uniform Trust Code | Midpage

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Revised Statutes of Missouri

Chapter 456

Mo. Rev. Stat. ch. 456

Trusts and Trustees — The Uniform Trust Code

456.001Bequests or transfer to spouse, valuation of 456.003Absence of active duties not to curtail powers of trustee 456.005Life insurance trusts 456.006Health savings account, trust may be created, when 456.007Lessor, trustee of deposits by lessee, when — exception 456.009Lessor liable for double amount of deposit so held in trust, when 456.011Trusts for benefit of employees or self-employed persons — perpetuities — suspension of alienation 456.013Trusts for benefit of employees or self-employed persons — accumulation 456.014Trust for benefit of employees — spendthrift trust, when — exempt from certain attachments, exception 456.017Applicability of sections 456.011, 456.013, and 456.014 456.019Trustees of private foundations, charitable trusts or split-interest trusts, certain acts prohibited 456.021Addition to trusts 456.025Inapplicability of the rule against perpetuities — rule prohibiting unreasonable restraints or suspension of power of alienation not violated, when — rule against accumulations not applicable, when 456.026Rule against perpetuities, trust subject to, when 456.027Registration of trust 456.029Registration procedure 456.031Records and certified copies 456.033Effect of registration 456.035Evidence as to death or status — five-year absence presumption of death 456.037Trust property — when deemed unclaimed 456.039Procedure by trustee with respect to unclaimed property 456.041Unclaimed property — liability of trustee 456.1000Presumption of unlimited authority — exception to presumption of unlimited authority 456.1005Rules of classification 456.1010Power to revoke or amend 456.1015Requisites for exercise of power of appointment 456.1020Intent to exercise — determining intent from residuary clause 456.1025Intent to exercise — after-acquired power 456.1030Substantial compliance with donor-imposed formal requirement 456.1035Permissible appointment 456.1040Appointment to deceased appointee or permissible appointee's descendant 456.1045Impermissible appointment 456.1050Selective allocation doctrine 456.1055Capture doctrine — disposition of ineffectively appointed property under general power 456.1060Disposition of unappointed property under released or unexercised general power 456.1065Disposition of unappointed property under released or unexercised nongeneral power 456.1070Disposition of unappointed property if partial appointment to taker in default — appointment to taker in default 456.1075Powerholder's authority to revoke or amend exercise 456.1080Disclaimer 456.1085Authority to release — method of release — revocation or amendment of release 456.1090Power to contract — presently exercisable power of appointment — power of appointment not presently exercisable 456.1095Remedy for breach of contract to appoint or not to appoint 456.1100Creditor claim — general power created by powerholder 456.1105Creditor claim — general power not created by powerholder 456.1110Power to withdraw 456.1115Creditor claim — nongeneral power 456.1120Act not to limit ability to reach a beneficial interest under Missouri Uniform Trust Code 456.1125Uniformity of application and construction 456.1130Relation to Electronic Signatures in Global and National Commerce Act 456.1135Application to existing relationships 456.950Definition — property and interests in property, immunity from claims, when — death of settlor, effect of — marital property rights, not affected by transfer — applicability 456.970Short title 456.975Definitions 456.980Governing Law — common law and principles of equity 456.985Act to govern powers — exceptions 456.990Creations of power of appointment 456.995Nontransferability 456.1-101Short title 456.1-102Scope 456.1-103Definitions 456.1-104Knowledge 456.1-105Default and mandatory rules 456.1-106Common law of trusts — principles of equity 456.1-107Governing law 456.1-108Principal place of administration 456.1-109Methods and waiver of notice 456.1-110Others treated as qualified beneficiaries 456.1-111Nonjudicial settlement agreements 456.1-112Rules of construction — inapplicable to certain trusts 456.1-113Transfer of assets to trust subjects assets to terms of the trust 456.1-114Familial relationships 456.2-201Role of court in administration of trust 456.2-202Jurisdiction over trustee and beneficiary 456.2-204Venue 456.2-205Enforceability of mediation or arbitration provisions 456.3-301Representation, basic effect — prohibited, when 456.3-302Representation by holder of general testamentary power of appointment 456.3-303Representation by fiduciaries and parents 456.3-304Representation by person having substantially identical interest 456.3-305Appointment of representative 456.4-401Methods of creating trust 456.4-402Requirements for creation 456.4-403Trusts created in other jurisdictions 456.4-404Trust purposes 456.4-405Charitable purposes — enforcement 456.4-406Creation of trust induced by fraud, duress, or undue influence 456.4-407Evidence of oral trust 456.4-408Trust for care of animal 456.4-409Noncharitable trust without ascertainable beneficiary 456.4-410Modification or termination of trust — proceedings for approval or disapproval 456.4-412Modification or termination because of unanticipated circumstances or inability to administer trust effectively 456.4-413Cy pres 456.4-414Modification or termination of uneconomic trust 456.4-415Reformation to correct mistakes 456.4-416Modification to achieve settlor's tax objectives 456.4-417Combination and division of trusts 456.4-418Distribution of trust income or principal to qualified remainder beneficiary, when — applicability to irrevocable trust, when 456.4-419Distributions of income and principal of first trusts and second trusts, discretionary power of trustee — notice requirements 456.4-420No-contest clause, claims for relief 456.5-501Rights of beneficiary's creditor or assignee, exceptions 456.5-502Spendthrift provision 456.5-503Exceptions to spendthrift provision 456.5-504Discretionary trusts, interest not enforceable, when — applicability — effect of standard — limitation on access to records 456.5-506Mandatory distribution defined — overdue distribution 456.5-507Personal obligations of trustee 456.5-508Creditor claim, appointive property not subject to, when 456.6-601Capacity of settlor of revocable trust 456.6-602Revocation or amendment of revocable trust 456.6-603Settlor's powers — powers of withdrawal 456.6-604Limitation on action contesting validity of revocable trust — distribution of trust property 456.7-701Accepting or declining trusteeship 456.7-702Trustee's bond 456.7-703Cotrustees 456.7-704Vacancy in trusteeship — appointment of successor 456.7-705Resignation of trustee 456.7-706Removal of trustee 456.7-707Delivery of property by former trustee 456.7-708Compensation of trustee 456.7-709Reimbursement of expenses 456.8-801Duty to administer trust 456.8-802Duty of loyalty 456.8-803Impartiality 456.8-804Prudent administration 456.8-805Costs of administration 456.8-806Trustee's skills 456.8-807Delegation by trustee 456.8-808Powers to direct — trust protector, powers, limitations 456.8-809Control and protection of trust property 456.8-810Record keeping and identification of trust property 456.8-811Enforcement and defense of claims 456.8-812Collecting trust property 456.8-813Duty to inform and report — inapplicable, when 456.8-814Discretionary powers — tax savings 456.8-815General powers of trustee 456.8-816Specific powers of trustee 456.8-817Distribution upon termination 456.10-1001Remedies for breach of trust 456.10-1002Damages for breach of trust 456.10-1003Damages in absence of breach 456.10-1004Attorney's fees and costs 456.10-1005Limitation of action against trustee 456.10-1006Reliance on trust instrument 456.10-1007Event affecting administration or distribution 456.10-1008Exculpation of trustee 456.10-1009Beneficiary's consent, release, or ratification 456.10-1010Limitation on personal liability of trustee 456.10-1011Interest as general partner 456.10-1012Protection of person dealing with trustee 456.10-1013Certification of trust 456.11-1101Uniformity of application and construction 456.11-1102Electronic records and signatures 456.11-1103Severability clause 456.11-1104Effective date 456.11-1106Application to existing relationships