reglab/housing_qa huggingface dataset:
MO Rev Stat § 456.10-1005 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.10-1005 - Limitation of action against trustee.

Effective - 01 Jan 2005   456.10-1005. Limitation of action against trustee. — 1. A beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the last to occur of the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust and the date the trustee informed the beneficiary of the time allowed for commencing a proceeding with respect to any potential claim adequately disclosed on the report.  2. A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.  3. If subsection 1 of this section does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within five years after the first to occur of:  (1) the removal, resignation, or death of the trustee;  (2) the termination of the beneficiary's interest in the trust; or  (3) the termination of the trust. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.10-1006 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.10-1006 - Reliance on trust instrument.

Effective - 01 Jan 2005   456.10-1006. Reliance on trust instrument. — A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.10-1007 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.10-1007 - Event affecting administration or distribution.

Effective - 01 Jan 2005   456.10-1007. Event affecting administration or distribution. — If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee's lack of knowledge. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.10-1008 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.10-1008 - Exculpation of trustee.

Effective - 01 Jan 2005   456.10-1008. Exculpation of trustee. — 1. A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:  (1) relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or  (2) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.  2. Unless the settlor was represented by an attorney not employed by the trustee with respect to the trust containing the exculpatory term, an exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.10-1009 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.10-1009 - Beneficiary's consent, release, or ratification.

Effective - 01 Jan 2005   456.10-1009. Beneficiary's consent, release, or ratification. — A trustee is not liable to a beneficiary for breach of trust if the beneficiary, while having capacity, consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:  (1) the consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or  (2) at the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.10-1010 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.10-1010 - Limitation on personal liability of trustee.

Effective - 01 Jan 2005   456.10-1010. Limitation on personal liability of trustee. — 1. Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.  2. A trustee is personally liable for torts committed in the course of administering a trust, or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.  3. A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.10-1011 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.10-1011 - Interest as general partner.

Effective - 01 Jan 2005   456.10-1011. Interest as general partner. — 1. Except as otherwise provided in subsection 3 of this section or unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed with the secretary of state of this state.  2. Except as otherwise provided in subsection 3 of this section, a trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.  3. The immunity provided by this section does not apply if an interest in the partnership is held by the trustee in a capacity other than that of trustee or is held by the trustee's spouse or one or more of the trustee's descendants, siblings, or parents, or the spouse of any of them.  4. If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.10-1012 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.10-1012 - Protection of person dealing with trustee.

Effective - 01 Jan 2005   456.10-1012. Protection of person dealing with trustee. — 1. A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power.  2. A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.  3. A person who in good faith delivers assets to a trustee need not ensure their proper application.  4. A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee.  5. Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.10-1013 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.10-1013 - Certification of trust.

Effective - 01 Jan 2005   456.10-1013. Certification of trust. — 1. Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information:  (1) that the trust exists and the date the trust instrument was executed;  (2) the identity of the settlor;  (3) the identity and address of the currently acting trustee;  (4) the powers of the trustee;  (5) the revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;  (6) the authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee;  (7) the trust's taxpayer identification number; and  (8) the manner of taking title to trust property.  2. A certification of trust must be signed by all the trustees. A third party may require that the certification of trust be acknowledged or guaranteed.  3. A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.  4. A certification of trust need not contain the dispositive terms of a trust.  5. A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments which designate the trustee and confer upon the trustee the power to act in the pending transaction.  6. A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.  7. A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.  8. A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument.  9. This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.11-1101 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.11-1101 - Uniformity of application and construction.

Effective - 01 Jan 2005   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 1-01-05
MO Rev Stat § 456.11-1102 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.11-1102 - Electronic records and signatures.

Effective - 01 Jan 2005   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 act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Section 7003(b)). ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.11-1103 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.11-1103 - Severability clause.

Effective - 01 Jan 2005   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 effect without the invalid provision or application, and to this end the provisions of sections 456.1-101 to 456.11-1106 are severable. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.11-1104 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.11-1104 - Effective date.

Effective - 01 Jan 2005   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
MO Rev Stat § 456.11-1106 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.11-1106 - Application to existing relationships.

Effective - 01 Jan 2005   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 456.11-1106 apply to all judicial proceedings concerning trusts commenced on or after January 1, 2005;  (3) Sections 456.1-101 to 456.11-1106 apply to judicial proceedings concerning trusts commenced before January 1, 2005, unless the court finds that application of a particular provision of sections 456.1-101 to 456.11-1106 would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of sections 456.1-101 to 456.11-1106 does not apply and the superseded law applies;  (4) Any rule of construction or presumption provided in sections 456.1-101 to 456.11-1106 apply to trust instruments executed before January 1, 2005, unless there is a clear indication of a contrary intent in the terms of the trust;  (5) An act done before January 1, 2005, is not affected by any provisions contained in sections 456.1-101 to 456.11-1106; and  (6) Section 456.590* shall not apply to trusts created under an instrument executed on or after January 1, 2005.  2. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before January 1, 2005, that statute continues to apply to the right even if it has been repealed or superseded. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05  *Section 456.590 was repealed by H.B. 1765, 2016.
MO Rev Stat § 459.010 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 459 - Declarations, Life Support|Section 459.010 - Definitions.

Effective - 28 Aug 1985, 2 histories   459.010. Definitions. — As used in sections 459.010 to 459.055, the following terms mean:  (1) "Attending physician", the physician selected by, or assigned to, the patient who has primary responsibility for the treatment and care of the patient;  (2) "Competent person", a person eighteen years of age or older of sound mind who is able to receive and evaluate information and to communicate a decision;  (3) "Death-prolonging procedure", any medical procedure or intervention which, when applied to a patient, would serve only to prolong artificially the dying process and where, in the judgment of the attending physician pursuant to usual and customary medical standards, death will occur within a short time whether or not such procedure or intervention is utilized. Death-prolonging procedure shall not include the administration of medication or the performance of medical procedure deemed necessary to provide comfort, care or to alleviate pain nor the performance of any procedure to provide nutrition or hydration;  (4) "Declaration", a document executed in accordance with the requirements of section 459.015;  (5) "Physician", a person licensed to practice medicine and surgery by the state board of registration for the healing arts;  (6) "Terminal condition", an incurable or irreversible condition which, in the opinion of the attending physician, is such that death will occur within a short time regardless of the application of medical procedures. ­­-------- (L. 1985 S.B. 51 § 1)  (1988) A guardian may not order termination of nutrition and hydration from incompetent ward who is neither dead nor terminally ill although ward is in persistent vegetative state. Cruzan, by Cruzan v. Harmon, 760 S.W.2d 408 (Mo. banc). (1990) United States Constitution does not prohibit Missouri from requiring that evidence of an incompetent's wishes as to the withdrawal of life-sustaining treatment be proven by clear and convincing evidence. Cruzan v. Director, Mo. Dept. of Health, 110 S. Ct. 2841.
MO Rev Stat § 459.020 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 459 - Declarations, Life Support|Section 459.020 - Revocation — mental or physical condition not considered part of medical records — liability for failure to act, when.

Effective - 28 Aug 1985, 2 histories   459.020. Revocation — mental or physical condition not considered part of medical records — liability for failure to act, when. — 1. A declaration may be revoked at any time and in any manner by which the declarant is able to communicate his intent to revoke, without regard to mental or physical condition.  2. The attending physician or health care provider shall make the revocation a part of the declarant's medical record.  3. There shall be no criminal or civil liability on the part of any person for failure to act upon a revocation made pursuant to this section unless the revocation is in the patient's medical record or unless that person has actual knowledge of the revocation. ­­-------- (L. 1985 S.B. 51 § 3)
MO Rev Stat § 459.025 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 459 - Declarations, Life Support|Section 459.025 - Declaration operative, when.

Effective - 28 Aug 1985   459.025. Declaration operative, when. — The directions of a declarant able to make treatment decisions shall at all times supersede the declaration. The declaration shall be given operative effect only if the declarant's condition is determined to be terminal and the declarant is not able to make treatment decisions. Such determinations shall be recorded in the declarant's medical record. A physician, health care professional or facility or other person shall not act contrary to the declarant's expressed intent to withhold or withdraw death-prolonging procedures without serious reason therefor consistent with the best interest of the declarant. Such reason shall be recorded in the declarant's medical record. The declaration to withdraw or withhold treatment by a patient diagnosed as pregnant by the attending physician shall have no effect during the course of the declarant's pregnancy. ­­-------- (L. 1985 S.B. 51 § 4)
MO Rev Stat § 459.030 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 459 - Declarations, Life Support|Section 459.030 - Physician or health facility unwilling to comply to transfer declarant.

Effective - 28 Aug 1985, 2 histories   459.030. Physician or health facility unwilling to comply to transfer declarant. — 1. An attending physician who is unwilling to comply with the requirements of section 459.025 or who is unwilling to comply with the declaration of a patient in accordance with section 459.015 shall take all reasonable steps to effect the transfer of the declarant to another physician.  2. If the policies of a health care facility preclude compliance with the declaration of a patient under sections 459.010 to 459.055, that facility shall take all reasonable steps to effect the transfer of the declarant to a facility in which the provisions of sections 459.010 to 459.055 can be carried out. ­­-------- (L. 1985 S.B. 51 § 5)
MO Rev Stat § 459.035 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 459 - Declarations, Life Support|Section 459.035 - Declarant presumed to be competent.

Effective - 28 Aug 1985   459.035. Declarant presumed to be competent. — For the purpose of sections 459.010 to 459.055, a physician or medical care facility may presume in the absence of actual notice to the contrary that an individual who executed a declaration was competent when it was executed. The fact of an individual having executed a declaration shall not be considered as an indication of a declarant's mental incapacity. Advanced age of itself shall not be a bar to a determination of capacity. ­­-------- (L. 1985 S.B. 51 § 6)
MO Rev Stat § 459.040 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 459 - Declarations, Life Support|Section 459.040 - Physicians not liable, when.

Effective - 28 Aug 1985, 2 histories   459.040. Physicians not liable, when. — A physician, licensed health care professional, medical care facility or employee thereof or other person who, in good faith and pursuant to usual and customary medical standards, causes or participates in the withholding or withdrawal of death-prolonging procedures, which acts are not otherwise unlawful, from a patient pursuant to a declaration made in accordance with sections 459.010 to 459.055 shall not, as a result thereof, be subject to criminal or civil liability or be found to have committed an act of unprofessional conduct. ­­-------- (L. 1985 S.B. 51 § 7)