Title 20, DECEDENTS, ESTATES AND FIDUCIARIES

(a) Trust controls.--Except as provided in subsection (b), the terms of a trust prevail over any contrary provisions of this chapter. (b) Mandatory rules.--Notwithstanding a contrary provision in the terms of the trust, the following rules apply: (1) The requirements for creating…

The common law of trusts and principles of equity supplement this chapter, except to the extent modified by this chapter or another statute of this Commonwealth.

The meaning and effect of the terms of a trust shall be determined by: (1) the law of the jurisdiction designated in the terms of the trust, but the mandatory rules of section 7705(b) (relating to trust controls; mandatory rules - UTC 105) shall govern if different from the law o…

(a) Specified in trust.--Without precluding other means for establishing a sufficient connection with the designated jurisdiction, the terms of a trust designating the situs of the trust are valid and controlling if: (1) a trustee's principal place of business is located in or a …

(a) Notice generally.--Notice to a person under this chapter or the sending of a document to a person under this chapter must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of …

(a) Notice.--Whenever notice to qualified or current beneficiaries of a trust is required under this chapter, the trustee must also give notice to any other beneficiary who has sent the trustee a written request for notice. (b) Enforcement by charitable organization expressly nam…

(a) (Reserved). (b) General rule.--Except as otherwise provided in subsection (c), all beneficiaries, all trustees and other persons, if any, who have an interest in a matter relating to a trust may enter into a binding nonjudicial settlement agreement with respect to the matter.…

The rules of construction that apply in this Commonwealth to the provisions of testamentary trusts also apply as appropriate to the provisions of inter vivos trusts.

(a) Judicial intervention.--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. (b) Judicial supervision.--A trust is not subject to continuing judicial supervision unless ordered by the…

(a) Personal jurisdiction over trustee.--By accepting the trusteeship of a trust having its situs in this Commonwealth or by moving the situs to this Commonwealth, the trustee submits personally to the jurisdiction of the courts of this Commonwealth regarding any matter involving…

(a) General rule.--Except as otherwise provided in subsection (b), venue for a judicial proceeding involving a trust is in the county of this Commonwealth in which the trust's situs is located and, if the trust is created by will and the estate is not yet closed, in the county in…

(a) Scope.--This subchapter shall apply to this entire chapter unless the context clearly specifies the contrary. (b) Definition.--As used in this subchapter, the term "trust matter" includes a judicial proceeding and a nonjudicial settlement, agreement or act pertaining to any m…

(a) Judicial proceeding.--In a judicial proceeding involving a trust matter, an order or decree of the court that binds the representative is binding upon a person, class of persons or both represented in accordance with section 7723 (relating to representatives and persons repre…

The following rules except as set forth in paragraph (7) apply to the extent there is no conflict of interest with respect to the matter at issue between the representative and the person or persons represented that might affect the impartiality of the representative and, if two …

Notwithstanding any other provision of this subchapter, if in any judicial proceeding involving a trust matter the court determines that the representation provided by section 7723 (relating to representatives and persons represented) is or might be inadequate, the court may appo…

A person representing another must be given written notice by the trustee that the person is representing the other person. A person to whom the notice is given is presumed to accept the representation unless the person declines the representation in a writing delivered to the tr…

Notwithstanding the provisions of this subchapter, a person may not represent another who is sui juris and files a written objection to representation with the trustee.

A trust may be created by: (1) transfer of property under a written instrument to another person as trustee during the settlor's lifetime or by will or other written disposition taking effect upon the settlor's death; (2) written declaration, signed by or on behalf and at the dir…

(a) Requirements.--A trust is created only if: (1) the settlor has capacity to create a trust; (2) the settlor signs a writing that indicates an intention to create the trust and contains provisions of the trust; (3) the trust has a definite beneficiary or is: (i) a charitable tr…

A written 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 settlor was domiciled, had a residence or was a na…

A trust may be created only to the extent its purposes are lawful and not contrary to public policy. Cross References. Section 7734 is referred to in section 7705 of this title.

(a) Purposes.--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 community. (b) Selection by court.--If…

A trust or an amendment to a trust is voidable to the extent its creation was induced by fraud, duress or undue influence.

Oral trusts are unenforceable in this Commonwealth.

(a) Creation and termination.--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 the settlor'…

Except as otherwise provided in section 7738 (relating to trust for care of animal - UTC 408) or by another statute: (1) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpos…

(a) Termination.--A trust terminates to the extent it is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved or the purposes of the trust have become unlawful or contrary to public policy. In addition, a trust may be terminated by the methods …

(a) Consent by settlor and beneficiaries.--A noncharitable irrevocable trust may be modified or terminated upon consent of the settlor and all beneficiaries even if the modification or termination is inconsistent with a material purpose of the trust. A settlor's power to consent …

(a) Unanticipated circumstances.--The court may modify the administrative or dispositive provisions of a noncharitable irrevocable trust, make an allowance from the principal of the trust or terminate the trust if, because of circumstances that apparently were not anticipated by …

(a) General rule.--Except as otherwise provided in subsection (b), if a particular charitable purpose becomes unlawful, impracticable or wasteful: (1) the trust does not fail, in whole or in part; (2) the trust property does not revert to the settlor or the settlor's successors i…

(a) Trustee's authority.--A trustee of a noncharitable trust may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration, the trustee has given written notice to the qualified beneficiaries at least 6…

The court may reform the terms of a trust, even if unambiguous, to conform to the settlor's probable intention if it is proved by clear and convincing evidence that both the settlor's intent and the terms of the trust were affected by a mistake of fact or law, whether in expressi…

The court may modify the terms of a trust in a manner that is not contrary to the settlor's probable intention in order to achieve the settlor's tax objectives. The court may provide that the modification have retroactive effect. (July 15, 2024, P.L.786, No.64, eff. 90 days) 2024…

(a) Without court approval.--A trustee may, without court approval, divide a trust into separate trusts, allocating to each separate trust either a fractional share of each asset and each liability held by the original trust or assets having an appropriate aggregate fair market v…

(a) With court approval.--The court, for cause shown, may authorize the combination of separate trusts with substantially similar provisions upon terms and conditions and with notice as the court shall direct notwithstanding that the trusts may have been created by separate instr…

A judgment creditor or assignee of the beneficiary may reach the beneficiary's interest by attachment of present or future distributions to or for the benefit of the beneficiary or other means to the extent the beneficiary's interest is not subject to a spendthrift provision.

(a) Validity.--A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest. (b) Creation.--A term of a trust providing that the interest of a beneficiary is held subject to a "spendthrift trust," or words of similar im…

(a) (Reserved). (b) Who may override.--A spendthrift provision is unenforceable against: (1) a beneficiary's child who has a judgment or court order against the beneficiary for support or maintenance, to the extent of the beneficiary's interests in the income and principal of the…

(a) (Reserved). (b) Distribution not compelled.--Except as otherwise provided in subsection (c), whether or not a trust contains a spendthrift provision, a creditor of a beneficiary may not compel a distribution that is subject to the trustee's discretion, even if: (1) the discre…

Whether or not the terms of a trust contain a spendthrift provision and notwithstanding section 7744 (relating to discretionary trusts; effect of standard - UTC 504): (1) During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's c…

(a) Distribution not made within reasonable time.--Whether or not the interest of the beneficiary in the trust is subject to a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon t…

Trust property is not subject to personal obligations of the trustee even if the trustee becomes insolvent or bankrupt.

Trust property that is subject to a power of withdrawal, during the period the power may be exercised and after its lapse, release or waiver, may be reached by a creditor or an assignee of the holder of the power whether or not the interest of the holder in the trust is subject t…

The capacity required to create, amend, revoke or add property to a revocable trust or to direct the actions of the trustee of a revocable trust is the same as that required to make a will.

(a) Power to revoke or amend.--The settlor may revoke or amend a trust unless the terms of the trust expressly provide that the trust is irrevocable. (b) More than one settlor.--If a revocable trust is created or funded by more than one settlor: (1) to the extent the trust consis…

(a) Power of settlor.--Regardless of the legal capacity of the settlor, the rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor to the extent a trust is revocable. (b) Holder of power of withdrawal.--The ho…