reglab/housing_qa huggingface dataset:
AL Code § 19-3B-111 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-111 - Nonjudicial Settlement Agreements.

Section 19-3B-111Nonjudicial settlement agreements. (a) For purposes of this section, "interested persons" means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court. (b) Except as otherwise provided in subsection (c), interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust. (c) A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law. (d) Matters that may be resolved by a nonjudicial settlement agreement include: (1) the interpretation or construction of the terms of the trust; (2) the approval of a trustee's report or accounting; (3) direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power; (4) the resignation or appointment of a trustee and the determination of a trustee's compensation; (5) transfer of a trust's principal place of administration; (6) liability of a trustee for an action relating to the trust; and (7) partial or final settlements. (e) Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in Article 3 was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-112 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-112 - Rules of Construction.

Section 19-3B-112Rules of construction. Except as otherwise provided in this chapter, the rules of construction under Title 43, Chapter 8, Article 8, and the miscellaneous provisions of Article 9 that apply in this state to the interpretation of and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-201 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-201 - Role of Court in Administration of Trust.

Section 19-3B-201Role of court in administration of trust.  (a) 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) A trust is not subject to continuing judicial supervision unless ordered by the court. (c) A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including a request for instructions and an action to declare rights. (d) A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including, but not being limited to a proceeding to: (1) request instructions; (2) determine the existence or nonexistence of any immunity, power, privilege, duty or right; (3) approve a nonjudicial settlement; (4) interpret or construe the terms of the trust; (5) determine the validity of a trust or of any of its terms; (6) approve a trustee's report or accounting or compel a trustee to report or account; (7) direct a trustee to refrain from performing a particular act or grant to a trustee any necessary or desirable power; (8) review the actions or approve the proposed actions of a trustee, including the exercise of a discretionary power; (9) accept the resignation of a trustee; (10) appoint or remove a trustee; (11) determine a trustee's compensation; (12) transfer a trust's principal place of administration or a trust's property to another jurisdiction; (13) determine the liability of a trustee for an action relating to the trust and compel redress of a breach of trust by any available remedy; (14) modify or terminate a trust; (15) combine trusts or divide a trust; (16) determine liability of a trust for debts of a beneficiary and living settlor; (17) determine liability of a trust for debts, expenses of administration, and statutory allowances chargeable against the estate of a deceased settlor; (18) determine the liability of a trust for claims, expenses and taxes in connection with the settlement of a trust that was revocable at the settlor's death; and (19) ascertain beneficiaries and determine to whom property will pass upon final or partial termination of a trust. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-202 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-202 - Jurisdiction Over Trustee and Beneficiary.

Section 19-3B-202Jurisdiction over trustee and beneficiary.  (a) A trustee submits personally to the jurisdiction of the courts of this state regarding any matter involving a trust: (1) by accepting the trusteeship of a trust whose settlor was a resident of this state at the time of the trust's creation, or in the case of testamentary trusts, the settlor was a resident of this state at death; (2) by accepting the trusteeship of a trust having its principal place of administration in this state; or  (3) by moving the principal place of administration of the trust to this state. Notwithstanding the foregoing, subsection (a)(1) shall not apply if the settlor designates the law of a jurisdiction other than this state to govern the trust. (b) With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this state are subject to the jurisdiction of the courts of this state regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust. (c) This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-203 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-203 - Subject Matter Jurisdiction.

Section 19-3B-203Subject matter jurisdiction. (a) Except as provided in subsection (b), the circuit court has exclusive jurisdiction of proceedings in this state brought by a trustee or beneficiary concerning the administration of a trust. (b) A probate court granted statutory equitable jurisdiction has concurrent jurisdiction with the circuit court in any proceeding involving a testamentary or inter vivos trust. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-204 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-204 - Venue.

Section 19-3B-204Venue. (a) Except as otherwise provided in subsection (b), venue for actions and proceedings involving a trust is proper (i) in any county where venue is proper for civil actions generally, pursuant to Title 6, Chapter 3; (ii) in the county of this state where the trust has its principal place of administration; or (iii) in the case of a trust whose principal place of administration is in a jurisdiction other than this state, in the county where the settlor resided at the creation of the trust, or in the case of a testamentary trust, where the settlor's estate was administered. (b) If a trust has no trustee, then venue for a judicial proceeding for the appointment of a trustee is in a county of this state in which a beneficiary resides, in a county in which any trust property is located, and if the trust is created by will, in the county in which the decedent's estate was or is being administered. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-205 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-205 - Judicial Accountings and Settlements.

Section 19-3B-205Judicial accountings and settlements. (a) A trustee may file an accounting of the trustee's administration of a trust in court at any time and seek a partial or final settlement thereof or, upon petition of an interested party, a court may order a trustee to render an accounting of the trustee's administration of a trust and require a partial or final settlement thereof. Notice of such judicial proceeding shall be provided to the trustee and each beneficiary, or representative thereof pursuant to Article 3, as provided by the applicable rules of civil procedure. (b) A trust accounting must be a reasonably understandable report from the date of the last accounting or, if none, from the date upon which the trustee became accountable, or other such date the court may set, which provides reasonable detail of the transactions affecting the administration of the trust, and which adequately discloses the following information: (1) The accounting must identify the trust, the trustee furnishing the accounting, and the time period covered by the accounting. (2) The accounting must show all receipts and disbursements occurring during the accounting period. Gains and losses realized during the accounting period must also be shown. (3) The accounting, to the extent feasible, must identify and value trust assets on hand at the close of the accounting period. For each asset or class of assets reasonably capable of valuation, the accounting shall contain two values, (i) the asset acquisition value or carrying value, and (ii) the estimated current value, if feasible. The accounting must identify each known noncontingent liability with an estimated current amount of the liability if known. (4) To the extent feasible, the accounting must show the significant non-cash transactions affecting the assets of the trust, including name changes in investment holdings, adjustments to carrying value, or stock splits. (5) The accounting must reflect the allocation of receipts and disbursements between income and principal when the allocation affects the interest of any beneficiary of the trust. (c) Any order or judgment of the court on such accounting and partial or final settlement shall be final and conclusive as to all matters occurring during the accounting period, and appeals therefrom shall and must be taken in the manner provided for from any other final judgment of the court. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-301 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-301 - Representation: Basic Effect.

Section 19-3B-301Representation: Basic effect. (a) Notice to a person who may represent and bind another person under this article has the same effect as if notice were given directly to the other person. (b) The consent of a person who may represent and bind another person under this article is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective. (c) Except as otherwise provided in Sections 19-3B-411 and 19-3B-602, a person who under this article may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf. (d) A settlor may not represent and bind a beneficiary under this article with respect to the termination or modification of a trust under Section 19-3B-411(a). (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-302 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-302 - Representation by Holder of Power of Appointment.

Section 19-3B-302Representation by holder of power of appointment. (a) The holder of a lifetime power to appoint to oneself may represent and bind all persons whose interests are subject to the power, including but without limitation, permissible appointees and takers in default. (b) To the extent that there is no conflict of interest between the holder of a power of appointment, other than a power enumerated in subsection (a), and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-303 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-303 - Representation by Fiduciaries and Ancestors.

Section 19-3B-303Representation by fiduciaries and ancestors.  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 the estate that the conservator controls; (2) a guardian may represent and bind the ward if a conservator of the ward's estate has not been appointed; (3) an agent having authority to act with respect to the particular question or dispute may represent and bind the principal; (4) a trustee may represent and bind the beneficiaries of the trust; (5) a personal representative of a decedent's estate may represent and bind persons interested in the estate; and (6) a parent or other direct ancestor may represent and bind the minor or unborn issue if a conservator or guardian for the issue has not been appointed. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-304 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-304 - Representation by Person Having Substantially Identical Interest.

Section 19-3B-304Representation by person having substantially identical interest. (a) 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 another having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented. (b) A presumptive remainder beneficiary may represent contingent successor remainder beneficiaries with respect to matters in which there is no conflict of interest. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-305 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-305 - Appointment of Representative.

Section 19-3B-305Appointment of representative. (a) If the court determines that an interest is not represented under this article, or that the otherwise available representation might be inadequate, then the court may appoint a guardian ad litem or other representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown. (b) A guardian ad litem or other representative may act on behalf of the individual represented with respect to any matter arising under this chapter, whether or not a judicial proceeding concerning the trust is pending. (c) In making decisions, a guardian ad litem or other representative may consider general benefit accruing to the living members of the individual's family. (d) A guardian ad litem or other representative may be appointed to represent several persons or interests. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-401 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-401 - Methods of Creating Trust.

Section 19-3B-401Methods 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 holds identifiable property as trustee; (3) exercise of a power of appointment in favor of a trustee; or (4) a court in the exercise of its equitable powers. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-402 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-402 - Requirements for Creation.

Section 19-3B-402Requirements for creation. (a) A trust is created only if: (1) the settlor has capacity to create a trust; (2) the settlor indicates an intention to create the trust; (3) the trust has a definite beneficiary or is: (A) a charitable trust; (B) a trust for the care of an animal, as provided in Section 19-3B-408; or (C) a trust for a noncharitable purpose, as provided in Section 19-3B-409; (4) the trustee has duties to perform; and (5) the same person is not the sole trustee and sole beneficiary. (b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities. (c) A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, then the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-403 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-403 - Trusts Created in Other Jurisdictions.

Section 19-3B-403Trusts 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 settlor was domiciled, had a place of abode, or was a national; (2) a trustee was domiciled or had a place of business; or (3) any trust property was located. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-404 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-404 - Trust Purposes.

Section 19-3B-404Trust 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. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-405 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-405 - Charitable Purposes; Enforcement.

Section 19-3B-405Charitable purposes; enforcement. (a) 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) If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, then the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor's intention to the extent it can be ascertained. (c) The settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-406 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-406 - Creation of Trust Induced by Fraud, Duress, or Undue Influence.

Section 19-3B-406Creation 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. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-407 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-407 - Evidence of Oral Trust.

Section 19-3B-407Evidence of oral trust. Except as required by a statute other than this chapter, 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. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-408 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-408 - Trust for Care of Animal.

Section 19-3B-408Trust for care of animal.  (a) 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's lifetime, upon the death of the last surviving animal. (b) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed. (c) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor's successors in interest. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-409 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-409 - Noncharitable Trust Without Ascertainable Beneficiary.

Section 19-3B-409Noncharitable trust without ascertainable beneficiary.   Except as otherwise provided in Section 19-3B-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 beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be enforced for more than 21 years. (2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. (3) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor's successors in interest. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-410 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-410 - Modification or Termination of Trust; Proceedings for Approval or Disapproval.

Section 19-3B-410Modification or termination of trust; proceedings for approval or disapproval. (a) In addition to the methods of termination prescribed by Sections 19-3B-411 through 19-3B-414, a trust terminates to the extent the trust 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, contrary to public policy, or impossible to achieve. (b) A proceeding to approve or disapprove a proposed modification or termination under Sections 19-3B-411 through 19-3B-416, or trust combination or division under Section 19-3B-417, may be commenced by a trustee or beneficiary. The settlor of a charitable trust may maintain a proceeding to modify the trust under Section 19-3B-413. (Act 2006-216, p. 314, §1.)