Title XXXI, TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

456.1025. Intent to exercise — after-acquired power. — 1. Except as otherwise provided in subsection 2 of this section, a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument containing the clause. 2. If the powerholder is also the…

456.1030. Substantial compliance with donor-imposed formal requirement. — A powerholder's substantial compliance with a formal requirement of appointment imposed by the donor is sufficient if the powerholder knows of and intends to exercise the power, and the powerholder's manner…

456.1035. Permissible appointment. — 1. A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder's estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder…

456.1040. Appointment to deceased appointee or permissible appointee's descendant. — 1. An appointment to a deceased appointee is ineffective. 2. A powerholder of a nongeneral power may exercise the power in favor of, or create a new power of appointment in, a descendant of a dec…

456.1045. Impermissible appointment. — 1. Except as otherwise provided in section 456.1040, an exercise of a power of appointment in favor of an impermissible appointee is ineffective. 2. An exercise of a power of appointment in favor of a permissible appointee is ineffective to …

456.1050. Selective allocation doctrine. — If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned property and the appointive property shall be allocated in the permissible manner that best carries out the…

456.1055. Capture doctrine — disposition of ineffectively appointed property under general power. — To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment: (1) The gif…

456.1060. Disposition of unappointed property under released or unexercised general power. — To the extent a powerholder releases or fails to exercise a general power of appointment other than a power to withdraw property from, revoke, or amend a trust, and except as provided in …

456.1065. Disposition of unappointed property under released or unexercised nongeneral power. — To the extent a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment: (1) The gift-in-default clause controls the disposition of the un…

456.1070. Disposition of unappointed property if partial appointment to taker in default — appointment to taker in default. — 1. If the powerholder makes a valid partial appointment to a taker in default of appointment, the taker in default of appointment may share fully in unapp…

456.1075. Powerholder's authority to revoke or amend exercise. — A powerholder may revoke or amend an exercise of a power of appointment at any time before the exercise becomes effective to transfer property to the appointee. ­­-------- (L. 2016 H.B. 1765)

456.1080. Disclaimer. — As provided by sections 469.010 to 469.120, a powerholder may disclaim all or part of a power of appointment, and a permissible appointee, appointee, or taker in default of appointment may disclaim all or part of an interest in appointive property. ­­-----…

456.1085. Authority to release — method of release — revocation or amendment of release. — 1. A powerholder may release a power of appointment, in whole or in part, except to the extent the terms of the instrument creating the power prevent the release. 2. A powerholder of a rele…

456.1090. Power to contract — presently exercisable power of appointment — power of appointment not presently exercisable. — 1. A powerholder of a presently exercisable power of appointment may contract: (1) Not to exercise the power; or (2) To exercise the power if the contract …

456.1095. Remedy for breach of contract to appoint or not to appoint. — The remedy for a powerholder's breach of contract to appoint or not to appoint property is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract. ­…

456.11-1101. Uniformity of application and construction. — In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. ­­-------- (L. 2004 H.B. 1511) Effective…

456.11-1102. Electronic records and signatures. — Sections 456.1-101 to 456.11-1106 modify, limit, and supersede the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001, et seq.) but do not modify, limit, or supersede Section 101(c) of that a…

456.11-1103. Severability clause. — If any provision of sections 456.1-101 to 456.11-1106 or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of sections 456.1-101 to 456.11-1106 which can be given eff…

456.11-1104. Effective date. — Sections 456.1-101 to 456.11-1106 take effect on January 1, 2005. ­­-------- (L. 2004 H.B. 1511) Effective 1-01-05

456.11-1106. Application to existing relationships. — 1. Except as otherwise provided in sections 456.1-101 to 456.11-1106, on January 1, 2005: (1) Sections 456.1-101 to 456.11-1106 apply to all trusts created before, on, or after January 1, 2005; (2) Sections 456.1-101 to 456.11…

456.1100. Creditor claim — general power created by powerholder. — 1. As used in this section, "power of appointment created by the powerholder" includes a power of appointment created in a transfer by another person to the extent the powerholder contributed value to the transfer…

456.1105. Creditor claim — general power not created by powerholder. — 1. Except as otherwise provided in subsection 3 of this section, appointive property subject to an* exercisable general power of appointment created by a person other than the powerholder is subject to a claim…

456.1110. Power to withdraw. — 1. For purposes of sections 456.1100 to 456.1115, and except as otherwise provided in subsection 2 of this section, during the period the power may be exercised, a power of withdrawal shall be treated as a presently exercisable general power of appo…

456.1115. Creditor claim — nongeneral power. — 1. Except as otherwise provided in subsections 2 and 3 of this section, appointive property subject to a nongeneral power of appointment is exempt from a claim of a creditor of the powerholder or the powerholder's estate. 2. Appointi…

456.1120. Act not to limit ability to reach a beneficial interest under Missouri Uniform Trust Code. — Sections 456.970 to 456.1135 shall not limit the ability of a creditor or other claimant to reach a beneficial interest as otherwise provided in sections 456.5-501 to 456.5-507.…

456.1125. Uniformity of application and construction. — In applying and construing sections 456.970 to 456.1135, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. ­­-------- (L. 2016 H.B. 1765)…

456.1130. Relation to Electronic Signatures in Global and National Commerce Act. — Sections 456.970 to 456.1135 modify, limit, or supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but do not modify, limit, or supersede Sectio…

456.1135. Application to existing relationships. — 1. Except as otherwise provided in sections 456.970 to 456.1135: (1) Sections 456.970 to 456.1135 shall apply to a power of appointment created before, on, or after August 28, 2016, and shall apply to a judicial proceeding concer…

456.2-201. Role of court in administration of trust. — 1. The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law. 2. A trust is not subject to continuing judicial supervision unless ordered …

456.2-202. Jurisdiction over trustee and beneficiary. — 1. By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration to this state, the trustee submits personally to the jurisdiction of th…

456.2-204. Venue. — 1. Venue for judicial proceedings involving trust administration shall be: (1) For a trust then registered in this state, in the probate division of the circuit court where the trust is registered; or (2) For a trust not then registered in this state, in the p…

456.2-205. Enforceability of mediation or arbitration provisions. — 1. Subject to the exception in subsection 2 of this section, a provision in a trust instrument requiring the mediation or arbitration of disputes between or among the beneficiaries, a fiduciary, a person granted …

456.3-301. Representation, basic effect — prohibited, when. — 1. Notice to a person who may represent and bind another person under sections 456.3-301 to 456.3-305 has the same effect as if notice were given directly to the other person. 2. The consent of a person who may represe…

456.3-302. Representation by holder of general testamentary power of appointment. — The holder of a testamentary power of appointment may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power. In this sect…

456.3-303. Representation by fiduciaries and parents. — To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute: (1) a conservator may represent and bind…

456.3-304. Representation by person having substantially identical interest. — 1. Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by ano…

456.3-305. Appointment of representative. — 1. If the court determines that an interest is not represented under sections 456.3-301 to 456.3-305 or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give cons…

456.4-401. Methods of creating trust. — A trust may be created by: (1) transfer of property to another person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death; (2) declaration by the owner of property that the owner h…

456.4-402. Requirements for creation. — 1. Other than for a trust created by section 475.092, 475.093, or 511.030, or 42 U.S.C. Section 1396p(d)(4), a trust is created only if: (1) the settlor has capacity to create a trust; (2) the settlor indicates an intention to create the tr…

456.4-403. Trusts created in other jurisdictions. — A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed, or the law of the jurisdiction in which, at the time of creation: (1) the settl…

456.4-404. Trust purposes. — A trust may be created only to the extent its purposes are lawful, not contrary to public policy, and possible to achieve. A trust and its terms must be for the benefit of its beneficiaries. ­­-------- (L. 2004 H.B. 1511) Effective 1-01-05, see § 456.…

456.4-405. Charitable purposes — enforcement. — 1. A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes the achievement of which is beneficial to the c…

456.4-406. Creation of trust induced by fraud, duress, or undue influence. — A trust is void to the extent its creation was induced by fraud, duress, or undue influence. ­­-------- (L. 2004 H.B. 1511) Effective 1-01-05, see § 456.11-1104

456.4-407. Evidence of oral trust. — 1. Except as provided in subsection 2 of this section, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence. 2. Other than for a conveyanc…

456.4-408. Trust for care of animal. — 1. A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during t…

456.4-409. Noncharitable trust without ascertainable beneficiary. — Except as otherwise provided in section 456.4-408 or by another statute, the following rules apply: (1) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiar…