Title XXXI — TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
11 chapters · 736 sections in this title.
§ 456.001 RSMo Bequests or transfer to spouse, valuation of
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456.001. Bequests or transfer to spouse, valuation of. — 1. If an instrument providing for a pecuniary bequest or transfer to or for the benefit of the spouse of the testator or transferor requires or permits the satisfaction of such bequest or transfer wholly or partly by the di…
§ 456.003 RSMo Absence of active duties not to curtail powers of trustee
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456.003. Absence of active duties not to curtail powers of trustee. — When the terms of an instrument creating a trust manifest intention that the trustee shall have the legal fee simple in land, the full legal ownership of an estate for years, or the absolute legal ownership of …
§ 456.005 RSMo Life insurance trusts
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456.005. Life insurance trusts. — Proceeds of life insurance policies heretofore made payable to a trustee or trustees named as beneficiary or hereafter to be named beneficiary under an inter vivos trust shall be paid directly to the trustee or trustees and held and disposed of b…
§ 456.006 RSMo Health savings account, trust may be created, when
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456.006. Health savings account, trust may be created, when. — 1. Where a trust or custodial account constitutes a health savings account, as defined under 26 U.S.C. Section 223(d)(1)*, a trust may be created by any of the following: (1) A transfer of moneys to the trustee or cus…
§ 456.007 RSMo Lessor, trustee of deposits by lessee, when — exception
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456.007. Lessor, trustee of deposits by lessee, when — exception. — 1. Whenever any person, firm or corporation, engaged in the leasing of personal property, shall require a deposit or advance payment to be made by the lessee to bind the lessee to the performance of such contract…
§ 456.009 RSMo Lessor liable for double amount of deposit so held in trust, when
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456.009. Lessor liable for double amount of deposit so held in trust, when. — Any person, firm or corporation being a trustee, as provided in section 456.007, who shall violate any of the provisions thereof, shall pay to the depositor a sum of money double the amount of the depos…
§ 456.011 RSMo Trusts for benefit of employees or self-employed persons — perpetuities —
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456.011. Trusts for benefit of employees or self-employed persons — perpetuities — suspension of alienation. — A trust of real or personal property, or both, created as part of a stock bonus plan, pension plan, disability or death benefit plan, medical benefit plan, profit-sharin…
§ 456.013 RSMo Trusts for benefit of employees or self-employed persons — accumulation
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456.013. Trusts for benefit of employees or self-employed persons — accumulation. — The income arising from any property held in a trust created as part of a stock bonus plan, pension plan, disability or death benefit plan, medical benefit plan, profit-sharing plan or retirement …
§ 456.014 RSMo Trust for benefit of employees — spendthrift trust, when — exempt from
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456.014. Trust for benefit of employees — spendthrift trust, when — exempt from certain attachments, exception. — A trust created as part of a stock bonus plan, nonpublic pension plan, disability or death benefit plan, profit-sharing plan, or retirement plan, for the exclusive be…
§ 456.017 RSMo Applicability of sections 456.011, 456.013, and 456.014
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456.017. Applicability of sections 456.011, 456.013, and 456.014. — The provisions of sections 456.011, 456.013, and 456.014 shall apply to every trust of the kind described in such sections hereafter created or heretofore created or attempted to be created as if such sections ha…
§ 456.019 RSMo Trustees of private foundations, charitable trusts or split-interest
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456.019. Trustees of private foundations, charitable trusts or split-interest trusts, certain acts prohibited. — 1. In the administration of any trust which is a "private foundation", as defined in Section 509 of the United States Internal Revenue Code, a "charitable trust", as d…
§ 456.021 RSMo Addition to trusts
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456.021. Addition to trusts. — A devise or other transfer, the validity of which is determinable by the law of this state, may be made by a will or other instrument of transfer, including a designation of beneficiary under a life insurance policy, to the trustee or trustees of a …
§ 456.025 RSMo Inapplicability of the rule against perpetuities — rule prohibiting
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456.025. Inapplicability of the rule against perpetuities — rule prohibiting unreasonable restraints or suspension of power of alienation not violated, when — rule against accumulations not applicable, when. — 1. The rule against perpetuities shall not apply to and any rule prohi…
§ 456.026 RSMo Rule against perpetuities, trust subject to, when
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456.026. Rule against perpetuities, trust subject to, when. — For purposes of determining whether a trust that is subject to the rule against perpetuities violates said rule, if there is only one beneficiary of the trust who is entitled or eligible to receive distributions of inc…
§ 456.027 RSMo Registration of trust
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456.027. Registration of trust. — 1. The trustee of a trust having its principal place of administration in this state may register the trust in the probate division of the circuit court of the county wherein the principal place of administration is located. 2. "Trust" includes a…
§ 456.029 RSMo Registration procedure
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456.029. Registration procedure. — Such registration shall be accomplished by filing a statement, indicating the name and address of the trustee and acknowledging the trusteeship. The statement shall indicate whether the trust has been registered elsewhere and shall identify the …
§ 456.031 RSMo Records and certified copies
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456.031. Records and certified copies. — The clerk of the probate division of the circuit court shall keep a record for each trust so registered, including trust registration statements, petitions and applications, demands for notices or bonds, and of any orders or responses rela…
§ 456.033 RSMo Effect of registration
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456.033. Effect of registration. — 1. By registering a trust, or accepting the trusteeship of a registered trust, the trustee submits personally to the jurisdiction of the court in any proceeding involving the internal affairs of the trust that may be initiated by any interested …
§ 456.035 RSMo Evidence as to death or status — five-year absence presumption of death
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456.035. Evidence as to death or status — five-year absence presumption of death. — 1. A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, pla…
§ 456.037 RSMo Trust property — when deemed unclaimed
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456.037. Trust property — when deemed unclaimed. — 1. Property of any kind remaining in a trust which is not subject to administration or distribution to or for an identifiable beneficiary may be deemed to be unclaimed property when the trustee, after reasonable and diligent sear…
§ 456.039 RSMo Procedure by trustee with respect to unclaimed property
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456.039. Procedure by trustee with respect to unclaimed property. — 1. Any trustee holding such unclaimed property may file with the state treasurer a verified statement setting forth the reason or reasons why such property is presumed to be unclaimed, the efforts made to find or…
§ 456.041 RSMo Unclaimed property — liability of trustee
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456.041. Unclaimed property — liability of trustee. — 1. The payment or delivery of such unclaimed property to the state treasurer by the trustee shall terminate any legal relationship between the trustee and beneficiary or apparent beneficiary to receive such property and shall …
§ 456.1 RSMo Short title
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456.001. Bequests or transfer to spouse, valuation of. — 1. If an instrument providing for a pecuniary bequest or transfer to or for the benefit of the spouse of the testator or transferor requires or permits the satisfaction of such bequest or transfer wholly or partly by the di…
§ 456.10 RSMo Remedies for breach of trust
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§ 456.1000 RSMo Presumption of unlimited authority — exception to presumption of unlimited
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456.1000. Presumption of unlimited authority — exception to presumption of unlimited authority. — 1. Subject to section 456.1005, the power is: (1) Presently exercisable; (2) Exclusionary; and (3) Except as otherwise provided in subsection 2 of this section, general. 2. The power…
§ 456.1005 RSMo Rules of classification
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456.1005. Rules of classification. — 1. As used in this section, "adverse party" means a person with a substantial beneficial interest in property which would be affected adversely by a powerholder's exercise or nonexercise of a power of appointment in favor of the powerholder, t…
§ 456.1010 RSMo Power to revoke or amend
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456.1010. Power to revoke or amend. — A donor may revoke or amend a power of appointment only to the extent that the instrument creating the power is revocable by the donor, or the donor reserves a power of revocation or amendment in the instrument creating the power of appointme…
§ 456.1015 RSMo Requisites for exercise of power of appointment
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456.1015. Requisites for exercise of power of appointment. — A power of appointment is exercised only if: (1) The instrument exercising the power is valid under applicable law; (2) The terms of the instrument exercising the power: (a) Manifest the powerholder's intent to exercise…
§ 456.1020 RSMo Intent to exercise — determining intent from residuary clause
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456.1020. Intent to exercise — determining intent from residuary clause. — 1. As used in this section: (1) "Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause; and (2) "Will" includes a codicil and a testamenta…
§ 456.1025 RSMo Intent to exercise — after-acquired power
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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 RSMo Substantial compliance with donor-imposed formal requirement
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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 RSMo Permissible appointment
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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 RSMo Appointment to deceased appointee or permissible appointee's descendant
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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 RSMo Impermissible appointment
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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 RSMo Selective allocation doctrine
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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 RSMo Capture doctrine — disposition of ineffectively appointed property under
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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 RSMo Disposition of unappointed property under released or unexercised general
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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 RSMo Disposition of unappointed property under released or unexercised
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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 RSMo Disposition of unappointed property if partial appointment to taker in
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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 RSMo Powerholder's authority to revoke or amend exercise
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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 RSMo Disclaimer
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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 RSMo Authority to release — method of release — revocation or amendment of release
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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 RSMo Power to contract — presently exercisable power of appointment — power of
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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 RSMo Remedy for breach of contract to appoint or not to appoint
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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 RSMo Uniformity of application and construction
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456.011. Trusts for benefit of employees or self-employed persons — perpetuities — suspension of alienation. — A trust of real or personal property, or both, created as part of a stock bonus plan, pension plan, disability or death benefit plan, medical benefit plan, profit-sharin…
§ 456.1100 RSMo Creditor claim — general power created by powerholder
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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 RSMo Creditor claim — general power not created by powerholder
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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 RSMo Power to withdraw
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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 RSMo Creditor claim — nongeneral power
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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 RSMo Act not to limit ability to reach a beneficial interest under Missouri
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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.…