reglab/housing_qa huggingface dataset:
MO Rev Stat § 456.1040 (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 456.1040 - Appointment to deceased appointee or permissible appointee's descendant.

Effective - 28 Aug 2016   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 deceased permissible appointee whether or not the descendant is described by the donor as a permissible appointee and whether or not the descendant of a deceased permissible appointee was alive at the time of the execution of the instrument creating the power or at the time of the exercise of the power. ­­-------- (L. 2016 H.B. 1765)
MO Rev Stat § 456.1045 (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 456.1045 - Impermissible appointment.

Effective - 28 Aug 2016   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 the extent the appointment is a fraud on the power. ­­-------- (L. 2016 H.B. 1765)
MO Rev Stat § 456.1050 (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 456.1050 - Selective allocation doctrine.

Effective - 28 Aug 2016   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 powerholder's intent. ­­-------- (L. 2016 H.B. 1765)
MO Rev Stat § 456.1055 (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 456.1055 - Capture doctrine — disposition of ineffectively appointed property under general power.

Effective - 28 Aug 2016   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 gift-in-default clause controls the disposition of the ineffectively appointed property; or  (2) If there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property:  (a) Passes to the powerholder if the powerholder is a permissible appointee and living; or  (b) If the powerholder is an impermissible appointee or deceased, passes to the powerholder's estate if the estate is a permissible appointee; or  (c) If there is no taker under paragraph (a) or (b) of this subdivision, passes under a reversionary interest to the donor or the donor's transferee or successor in interest. ­­-------- (L. 2016 H.B. 1765)
MO Rev Stat § 456.1060 (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 456.1060 - Disposition of unappointed property under released or unexercised general power.

Effective - 28 Aug 2016   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 subsection 3 of section 456.995:  (1) The gift-in-default clause controls the disposition of the unappointed property; or  (2) If there is no gift-in-default clause or to the extent the clause is ineffective:  (a) Except as otherwise provided in paragraph (b) of this subdivision, the unappointed property passes to:  a. The powerholder if the powerholder is a permissible appointee and living; or  b. If the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or  (b) To the extent the powerholder released the power, or if there is no taker under paragraph (a) of this subdivision, the unappointed property passes under a reversionary interest to the donor or the donor's transferee or successor in interest. ­­-------- (L. 2016 H.B. 1765)
MO Rev Stat § 456.1065 (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 456.1065 - Disposition of unappointed property under released or unexercised nongeneral power.

Effective - 28 Aug 2016   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 unappointed property; or  (2) If there is no gift-in-default clause or to the extent the clause is ineffective, the unappointed property:  (a) Passes to the permissible appointees if:  a. The permissible appointees are defined and limited; and  b. The terms of the instrument creating the power do not manifest a contrary intent; or  (b) If there is no taker under paragraph (a) of this subdivision, passes under a reversionary interest to the donor or the donor's transferee or successor in interest. ­­-------- (L. 2016 H.B. 1765)
MO Rev Stat § 456.1070 (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 456.1070 - Disposition of unappointed property if partial appointment to taker in default — appointment to taker in default.

Effective - 28 Aug 2016   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 unappointed property.  2. If a powerholder makes an appointment to a taker in default of appointment and the appointee would have taken the property in the same form, manner and amount under a gift-in-default clause had the property not been appointed, the power of appointment is deemed not to have been exercised and the appointee takes under the clause. ­­-------- (L. 2016 H.B. 1765)
MO Rev Stat § 456.1075 (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 456.1075 - Powerholder's authority to revoke or amend exercise.

Effective - 28 Aug 2016   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)
MO Rev Stat § 456.1080 (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 456.1080 - Disclaimer.

Effective - 28 Aug 2018, 2 histories   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. ­­-------- (L. 2016 H.B. 1765, A.L. 2018 H.B. 1250)
MO Rev Stat § 456.1085 (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 456.1085 - Authority to release — method of release — revocation or amendment of release.

Effective - 28 Aug 2016   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 releasable power of appointment may release the power in whole or in part:  (1) By substantial compliance with a method provided in the terms of the instrument creating the power; or  (2) If the terms of the instrument creating the power do not provide a method or the method provided in the terms of the instrument is not expressly made exclusive, by an instrument manifesting the powerholder's intent by clear and convincing evidence and delivered to the donor, the donor's personal representative, a guardian of the donor or the conservator of the estate of the donor, or the holder of the legal title to the property to which the interest related. A release involving an estate or property within the jurisdiction of the probate division of a circuit court may be filed in that division.  3. A powerholder may revoke or amend a release of a power of appointment only to the extent that:  (1) The instrument of release is revocable by the powerholder; or  (2) The powerholder reserves a power of revocation or amendment in the instrument of release. ­­-------- (L. 2016 H.B. 1765)
MO Rev Stat § 456.1090 (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 456.1090 - Power to contract — presently exercisable power of appointment — power of appointment not presently exercisable.

Effective - 28 Aug 2016   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 when made does not confer a benefit on an impermissible appointee.  2. A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder:  (1) Is also the donor of the power; and  (2) Has reserved the power in a revocable trust. ­­-------- (L. 2016 H.B. 1765)
MO Rev Stat § 456.1095 (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 456.1095 - Remedy for breach of contract to appoint or not to appoint.

Effective - 28 Aug 2016   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. ­­-------- (L. 2016 H.B. 1765)
MO Rev Stat § 456.1100 (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 456.1100 - Creditor claim — general power created by powerholder.

Effective - 28 Aug 2016   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.  2. Appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of the powerholder or of the powerholder's estate to the extent provided in chapter 428.  3. Subject to subsection 2 of this section, appointive property subject to a general power of appointment created by the powerholder is not subject to a claim of a creditor of the powerholder or the powerholder's estate:  (1) To the extent the powerholder irrevocably appointed the property in favor of a person other than the powerholder or the powerholder's estate; and  (2) If the power is not presently exercisable.  4. Subject to subdivision (1) of subsection 3 of this section, and notwithstanding the presence of a spendthrift provision or whether the claim arose before or after the creation of the power of appointment, appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of the powerholder to the same extent as if the powerholder owned the appointive property, if the power is presently exercisable. ­­-------- (L. 2016 H.B. 1765)
MO Rev Stat § 456.1105 (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 456.1105 - Creditor claim — general power not created by powerholder.

Effective - 28 Aug 2016   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 of a creditor of the powerholder to the extent the powerholder's property is insufficient.  2. Appointive property subject to testamentary or not presently exercisable general power of appointment created by a person other than the powerholder is not subject to a claim of a creditor of the powerholder or the powerholder's estate.  3. Subject to subsection 3 of section 456.1115, a power of appointment created by a person other than the powerholder which is subject to an ascertainable standard relating to an individual's health, education, support, or maintenance within the meaning of Section 2041(b)(1)(A) or Section 2514(c)(1) of the Internal Revenue Code, is treated for purposes of sections 456.1100 to 456.1115 as a nongeneral power. ­­-------- (L. 2016 H.B. 1765) *Word "a" appears in original rolls.
MO Rev Stat § 456.1110 (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 456.1110 - Power to withdraw.

Effective - 28 Aug 2016   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 appointment to the extent of the property subject to the power.  2. Upon the lapse, release, or waiver of a power to withdraw property from a trust, the power is treated as a presently exercisable general power of appointment only to the extent the value of the property affected by the lapse, release, or waiver exceeds the greater of the amount specified in Sections 2041(b)(2), 2514(e) or 2503(b) of the Internal Revenue Code. ­­-------- (L. 2016 H.B. 1765)
MO Rev Stat § 456.1115 (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 456.1115 - Creditor claim — nongeneral power.

Effective - 28 Aug 2016   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. Appointive property subject to a nongeneral power of appointment is subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent that the powerholder owned the property and, reserving the nongeneral power, transferred the property in violation of chapter 428.  3. If the initial gift-in-default of appointment is to the powerholder or the powerholder's estate, a nongeneral power of appointment is treated for purposes of sections 456.1100 to 456.1115 as a general power. ­­-------- (L. 2016 H.B. 1765)
MO Rev Stat § 456.1120 (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 456.1120 - Act not to limit ability to reach a beneficial interest under Missouri Uniform Trust Code.

Effective - 28 Aug 2016   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. ­­-------- (L. 2016 H.B. 1765)
MO Rev Stat § 456.1125 (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 456.1125 - Uniformity of application and construction.

Effective - 28 Aug 2016   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)
MO Rev Stat § 456.1130 (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 456.1130 - Relation to Electronic Signatures in Global and National Commerce Act.

Effective - 28 Aug 2016   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 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. 2016 H.B. 1765)
MO Rev Stat § 456.1135 (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 456.1135 - Application to existing relationships.

Effective - 28 Aug 2016   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 concerning a power of appointment commenced on or after August 28, 2016;  (2) Sections 456.970 to 456.1135 shall apply to a judicial proceeding concerning a power of appointment commenced before August 28, 2016, unless the court finds that application of a particular provision of such sections would interfere substantially with the effective conduct of the judicial proceeding or prejudice a right of a party, in which case the particular provision of such sections does not apply and the superseded law applies;  (3) A rule of construction or presumption provided in sections 456.970 to 456.1135 applies to an instrument executed before August 28, 2016, unless there is a clear indication of a contrary intent in the terms of the instrument; and  (4) Except as otherwise provided in subdivisions (1) to (3) of this subsection, an action done before August 28, 2016, is not affected by such sections.  2. If a right is acquired, extinguished, or barred on the expiration of a prescribed period that commenced under law of this state other than sections 456.970 to 456.1135 before August 28, 2016, the law continues to apply to the right. ­­-------- (L. 2016 H.B. 1765)
MO Rev Stat § 456.1-101 (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 456.1-101 - Short title.

Effective - 01 Jan 2005   456.1-101. Short title. — Sections 456.1-101 to 456.11-1106 shall be known and may be cited as the "Missouri Uniform Trust Code". ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.1-102 (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 456.1-102 - Scope.

Effective - 01 Jan 2005   456.1-102. Scope. — Sections 456.1-101 to 456.11-1106 apply to express trusts, charitable or noncharitable, testamentary or inter vivos, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust. Sections 456.1-101 to 456.11-1106 do not apply to any trust created by the inherent power of the court pursuant to chapter 460. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.1-104 (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 456.1-104 - Knowledge.

Effective - 01 Jan 2005   456.1-104. Knowledge. — 1. Subject to subsection 2 of this section, a person has knowledge of a fact if the person:  (1) has actual knowledge of it;  (2) has received a notice or notification of it; or  (3) from all the facts and circumstances known to the person at the time in question, has reason to know it.  2. An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05