reglab/housing_qa huggingface dataset:
14 V.S.A. § 107
2021 Vermont Statutes|Title 14A - Trusts|Chapter 1 - General Provisions and Definitions|§ 107. Governing law

§ 107. Governing law|The meaning and effect of the terms of a trust are determined by:  (1) the law of the jurisdiction designated in the terms unless the designation of that jurisdiction's law is contrary to a strong public policy of the jurisdiction having the most significant relationship to the matter at issue; or (2) in the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue. (Added 2009, No. 20, § 1.)
14 V.S.A. § 108
2021 Vermont Statutes|Title 14A - Trusts|Chapter 1 - General Provisions and Definitions|§ 108. Principal place of administration

§ 108. Principal place of administration|(a) Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if:  (1) a trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction; or (2) all or part of the administration occurs in the designated jurisdiction.   (b) A trustee is under a continuing duty to administer the trust at a place appropriate to its purposes, its administration, and the interests of the beneficiaries.(c) Without precluding the right of the Probate Division of the Superior Court to order, approve, or disapprove a transfer, the trustee, in furtherance of the duty prescribed by subsection (b) of this section, may transfer the trust's principal place of administration to another state or to a jurisdiction outside the United States.(d) The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's principal place of administration not less than 60 days before initiating the transfer. The notice of proposed transfer must include:  (1) the name of the jurisdiction to which the principal place of administration is to be transferred; (2) the address and telephone number at the new location at which the trustee can be contacted; (3) an explanation of the reasons for the proposed transfer; (4) the date on which the proposed transfer is anticipated to occur; and (5) the date, not less than 60 days after the giving of the notice, by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer.   (e) The authority of a trustee under this section to transfer a trust's principal place of administration terminates if a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.(f) In connection with a transfer of the trust's principal place of administration, the trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust or appointed pursuant to section 704 of this title. (Added 2009, No. 20, § 1; amended 2009, No. 154 (Adj. Sess.), § 236, eff. Feb. 1, 2011.)
14 V.S.A. § 109
2021 Vermont Statutes|Title 14A - Trusts|Chapter 1 - General Provisions and Definitions|§ 109. Methods and waiver of notice

§ 109. Methods and waiver of notice|(a) Notice to a person under this title or the sending of a document to a person under this title 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 notice or for sending a document include first-class mail, commercial delivery service, personal delivery, delivery to the person's last known place of residence or place of business, or a properly directed electronic message.(b) Notice otherwise required under this title or a document otherwise required to be sent under this title need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.(c) Notice under this title or the sending of a document under this title may be waived by the person to be notified or sent the document.(d) Notice of a judicial proceeding must be given as provided in the applicable rules of court procedure. (Added 2009, No. 20, § 1.)
14 V.S.A. § 110
2021 Vermont Statutes|Title 14A - Trusts|Chapter 1 - General Provisions and Definitions|§ 110. Others treated as qualified beneficiaries

§ 110. Others treated as qualified beneficiaries|(a) Whenever notice to qualified beneficiaries of a trust is required under this title, the trustee shall also give notice to any other beneficiary who has sent the trustee a request for notice.(b)(1) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under this title if the charitable organization, on the date the charitable organization's qualification is being determined, is:   (A) a "first tier" beneficiary as a distributee or permissible distributee of trust income or principal; (B) a "second tier" beneficiary who would be a first tier beneficiary of trust income or principal if the interests of the distributees described in subdivision (1)(A) of this subsection (b) terminated on that date without causing the trust to terminate; or (C) a "final beneficiary" who would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.  (2) Notwithstanding subdivision (1) of this subsection (b), a second tier beneficiary or a final beneficiary whose interest in the trust is created by the exercise of a power of appointment, and the exercise of the power of appointment is not irrevocable, shall not have the rights of a "qualified beneficiary."   (c) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in section 408 or 409 of this title has the rights of a qualified beneficiary under this title.(d) The Attorney General of this State has the rights of a qualified beneficiary with respect to a charitable trust having its principal place of administration in this State. (Added 2009, No. 20, § 1.)
14 V.S.A. § 111
2021 Vermont Statutes|Title 14A - Trusts|Chapter 1 - General Provisions and Definitions|§ 111. Nonjudicial settlement agreements

§ 111. Nonjudicial 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 Probate Division of the Superior Court.(b) Except as otherwise provided in subsection (c) of this section, 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 Probate Division of the Superior Court under this title 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 perform or 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; and (6) liability of a trustee for an action relating to the trust.   (e) Any interested person may request the Probate Division of the Superior Court to approve a nonjudicial settlement agreement to determine whether the representation as provided in chapter 3 of this title was adequate, and to determine whether the agreement contains terms and conditions the Probate Division of the Superior Court could have properly approved. (Added 2009, No. 20, § 1; amended 2009, No. 92 (Adj. Sess.), § 5; 2009, No. 154 (Adj. Sess.), § 236, eff. Feb. 1, 2011.)
14 V.S.A. § 112
2021 Vermont Statutes|Title 14A - Trusts|Chapter 1 - General Provisions and Definitions|§ 112. Rules of construction

§ 112. Rules of construction|The rules of construction 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. (Added 2009, No. 20, § 1.)
14 V.S.A. § 201
2021 Vermont Statutes|Title 14A - Trusts|Chapter 2 - Judicial Proceedings|§ 201. Role of court in administration of trust

§ 201. Role of court in administration of trust|(a) The Probate Division of the Superior 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 Probate Division of the Superior 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) Upon motion of any party in a probate action concerning the administration of a trust under the provisions of this title, the presiding probate judge shall permit an appeal to be taken to the Superior Court from any interlocutory order or ruling if the judge finds that the order or ruling involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal may materially advance the termination of the litigation. (Added 2009, No. 20, § 1; amended 2009, No. 154 (Adj. Sess.), § 236, eff. Feb. 1, 2011.)
14 V.S.A. § 202
2021 Vermont Statutes|Title 14A - Trusts|Chapter 2 - Judicial Proceedings|§ 202. Jurisdiction over trustee and beneficiary

§ 202. Jurisdiction over trustee and beneficiary|(a) By accepting the trusteeship of a trust having its principal place of administration in this State or by moving the principal place of administration to this State, the trustee submits personally to the jurisdiction of the courts of this State regarding any matter involving 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. (Added 2009, No. 20, § 1.)
14 V.S.A. § 203
2021 Vermont Statutes|Title 14A - Trusts|Chapter 2 - Judicial Proceedings|§ 203. Subject matter jurisdiction

§ 203. Subject matter jurisdiction|(a) The Probate Division of the Superior Court has exclusive jurisdiction of proceedings in this State brought by a trustee or beneficiary concerning the administration of a trust.(b) The Probate Division of the Superior Court has concurrent jurisdiction with other courts of this State of other proceedings involving a trust. (Added 2009, No. 20, § 1; amended 2009, No. 154 (Adj. Sess.), § 236, eff. Feb. 1, 2011.)
14 V.S.A. § 204
2021 Vermont Statutes|Title 14A - Trusts|Chapter 2 - Judicial Proceedings|§ 204. Venue

§ 204. Venue|(a) Except as otherwise provided in subsection (b) of this section, venue for a judicial proceeding involving a trust is in the probate district of this State in which the trust's principal place of administration is or will be located and, if the trust is created by will and the estate is not yet closed, in the probate district in which the decedent's estate is being administered.(b) If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in a probate district of this State in which a beneficiary resides, in a probate district in which any trust property is located, and if the trust is created by will, in the probate district in which the decedent's estate was or is being administered. (Added 2009, No. 20, § 1.)
14 V.S.A. § 205
2021 Vermont Statutes|Title 14A - Trusts|Chapter 2 - Judicial Proceedings|§ 205. Matters in equity

§ 205. Matters in equity|The Probate Division of the Superior Court may hear and determine in equity all matters relating to trusts in this title. (Added 2009, No. 20, § 1; amended 2009, No. 154 (Adj. Sess.), § 236, eff. Feb. 1, 2011.)
14 V.S.A. § 301
2021 Vermont Statutes|Title 14A - Trusts|Chapter 3 - Representation|§ 301. Representation; basic effect

§ 301. Representation; basic effect|(a) Notice to a person who may represent and bind another person under this chapter 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 chapter 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 411 and 602 of this title, a person who under this chapter may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf. (Added 2009, No. 20, § 1.)
14 V.S.A. § 302
2021 Vermont Statutes|Title 14A - Trusts|Chapter 3 - Representation|§ 302. Representation by holder of general testamentary power of appointment

§ 302. Representation by holder of general testamentary power of appointment|To the extent there is no conflict of interest between the holder of a general testamentary power of appointment 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. (Added 2009, No. 20, § 1.)
14 V.S.A. § 303
2021 Vermont Statutes|Title 14A - Trusts|Chapter 3 - Representation|§ 303. Representation by fiduciaries and parents

§ 303. Representation by fiduciaries and parents|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 guardian of the property may represent and bind the estate that the guardian controls; (2) a guardian of the person may represent and bind the ward if a guardian 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 may represent and bind the parent's minor or unborn child if a guardian for the child has not been appointed. (Added 2009, No. 20, § 1.)
14 V.S.A. § 304
2021 Vermont Statutes|Title 14A - Trusts|Chapter 3 - Representation|§ 304. Representation by person having substantially identical interest

§ 304. Representation by person having substantially identical interest|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 with respect to the particular question between the representative and the person represented. (Added 2009, No. 20, § 1.)
14 V.S.A. § 305
2021 Vermont Statutes|Title 14A - Trusts|Chapter 3 - Representation|§ 305. Appointment of representative

§ 305. Appointment of representative|(a) If the Probate Division of the Superior Court determines that an interest is not represented under this chapter, or that the otherwise available representation might be inadequate, the Probate Division of the Superior Court may appoint a 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. A representative may be appointed to represent several persons or interests.(b) A representative may act on behalf of the individual represented with respect to any matter arising under this title, whether or not a judicial proceeding concerning the trust is pending.(c) In making decisions, a representative may consider general benefit accruing to the living members of the individual's family. (Added 2009, No. 20, § 1; amended 2009, No. 154 (Adj. Sess.), § 236, eff. Feb. 1, 2011.)
14 V.S.A. § 401
2021 Vermont Statutes|Title 14A - Trusts|Chapter 4 - Creation, Validity, Modification, and Termination of Trust|§ 401. Methods of creating trust

§ 401. Methods of creating trust|A trust may be created:  (1) by transfer of property to another person as trustee or to the trust in the trust's name during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death; (2) by declaration by the owner of property that the owner holds identifiable property as trustee; (3) by exercise of a power of appointment in favor of a trustee; (4) pursuant to a statute or judgment or decree that requires property to be administered in the manner of an express trust; (5)(A) by an agent or attorney-in-fact under a power of attorney that expressly grants authority to create the trust; or  (B) by an agent or attorney-in-fact under a power of attorney that grants the agent or attorney-in-fact the authority to act in the management and disposition of the principal's property that is as broad or comprehensive as the principal could exercise for himself or herself and that does not expressly exclude the authority to create a trust, provided that any trust so created does not include any authority or powers that are otherwise prohibited by 14 V.S.A. § 3504. An agent or attorney-in-fact may petition the Probate Division of the Superior Court to determine whether a power of attorney described in this subdivision grants the agent or attorney-in-fact authority that is as broad or comprehensive as that which the principal could exercise for himself or herself. (Added 2009, No. 20, § 1; amended 2009, No. 154 (Adj. Sess.), § 236, eff. Feb. 1, 2011.)
14 V.S.A. § 402
2021 Vermont Statutes|Title 14A - Trusts|Chapter 4 - Creation, Validity, Modification, and Termination of Trust|§ 402. Requirements for creation

§ 402. Requirements 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 408 of this title; or (C) a trust for a noncharitable purpose, as provided in section 409 of this title;  (4) the trustee has duties to perform; and (5) the same person is not the sole trustee and sole beneficiary of all beneficial interests.   (b) A settlor is deemed to have the capacity to create a trust if:  (1) the trust is created by an agent of the settlor under a power of attorney as described in subdivision 401(5) of this title; and (2) the settlor had capacity to create a trust at the time the power of attorney was executed.   (c) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.(d) 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, 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. (Added 2009, No. 20, § 1; amended 2009, No. 92 (Adj. Sess.), § 6.)
14 V.S.A. § 403
2021 Vermont Statutes|Title 14A - Trusts|Chapter 4 - Creation, Validity, Modification, and Termination of Trust|§ 403. Trusts created in other jurisdictions

§ 403. Trusts 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 citizen; (2) a trustee was domiciled or had a place of business; or (3) any trust property was located. (Added 2009, No. 20, § 1.)
14 V.S.A. § 404
2021 Vermont Statutes|Title 14A - Trusts|Chapter 4 - Creation, Validity, Modification, and Termination of Trust|§ 404. Trust purposes

§ 404. Trust 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. (Added 2009, No. 20, § 1.)
14 V.S.A. § 405
2021 Vermont Statutes|Title 14A - Trusts|Chapter 4 - Creation, Validity, Modification, and Termination of Trust|§ 405. Charitable purposes; enforcement

§ 405. Charitable purposes; enforcement|(a) A charitable trust may be created for the relief of poverty; the advancement of education or religion; the promotion of health, scientific, literary, benevolent, 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 or if the designated charitable purpose cannot be completed or no longer exists, the trustee, if authorized by the terms of the trust, or if not, the Probate Division of the Superior 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, the Attorney General, a cotrustee, or a person with a special interest in the charitable trust may maintain a proceeding to enforce the trust. (Added 2009, No. 20, § 1; amended 2009, No. 154 (Adj. Sess.), § 236, eff. Feb. 1, 2011.)
14 V.S.A. § 406
2021 Vermont Statutes|Title 14A - Trusts|Chapter 4 - Creation, Validity, Modification, and Termination of Trust|§ 406. Creation of trust induced by fraud, duress, or undue influence

§ 406. Creation 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. (Added 2009, No. 20, § 1.)
14 V.S.A. § 407
2021 Vermont Statutes|Title 14A - Trusts|Chapter 4 - Creation, Validity, Modification, and Termination of Trust|§ 407. Evidence of oral trust

§ 407. Evidence of oral trust|Except as required by a statute other than this title, 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. (Added 2009, No. 20, § 1.)