Section 456.1-108

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 456

Effective - 01 Jan 2005, see footnote   

  456.1-108.  Principal place of administration. — 1.  Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if:

  (1)  a trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction; or

  (2)  all or part of the administration occurs in the designated jurisdiction.

  2.  Without precluding the right of the court to order, approve, or disapprove a transfer, the trustee may transfer the trust's principal place of administration to another state or to a jurisdiction outside of the United States that is appropriate to the trust's purposes, its administration, and the interests of the beneficiaries.

  3.  The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's principal place of administration not less than sixty days before initiating the transfer.  The notice of proposed transfer must include:

  (1)  the name of the jurisdiction to which the principal place of administration is to be transferred;

  (2)  the address and telephone number at the new location at which the trustee can be contacted;

  (3)  an explanation of the reasons for the proposed transfer;

  (4)  the date on which the proposed transfer is anticipated to occur; and

  (5)  the date, not less than sixty days after the giving of the notice, by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer.

  4.  The authority of a trustee under this section to transfer a trust's principal place of administration without an order of a court terminates if a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.

  5.  In connection with a transfer of the trust's principal place of administration, the trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust or appointed pursuant to section 456.7-704.

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(L. 2004 H.B. 1511)

Effective 1-01-05