reglab/housing_qa huggingface dataset:
AL Code § 19-3D-10 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3D - Alabama Uniform Trust Decanting Act.|Section 19-3D-10 - Formalities.

Section 19-3D-10THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.  FORMALITIES. An exercise of the decanting power must be made in a record signed by an authorized fiduciary. The signed record must, directly or by reference to the notice required by Section 19-3D-7, identify the first trust and the second trust or trusts and state the property of the first trust being distributed to each second trust and the property, if any, that remains in the first trust. (Act 2018-519, §10.)
AL Code § 19-3D-12 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3D - Alabama Uniform Trust Decanting Act.|Section 19-3D-12 - Decanting Power Under Limited Distributive Discretion.

Section 19-3D-12THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.  DECANTING POWER UNDER LIMITED DISTRIBUTIVE DISCRETION. (a) In this section, "limited distributive discretion" means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard. (b) An authorized fiduciary that has limited distributive discretion over the principal of the first trust for the benefit of one or more current beneficiaries may exercise the decanting power over the principal of the first trust. If an authorized fiduciary has limited distributive discretion over part but not all of the principal of a first trust, the fiduciary may exercise the decanting power over that part of the principal over which the authorized fiduciary has limited distributive discretion. (c) Under this section and subject to Section 19-3D-14, a second trust may be created or administered under the law of any jurisdiction. Under this section, the second trusts, in the aggregate, must grant each beneficiary of the first trust beneficial interests which are substantially similar to the beneficial interests of the beneficiary in the first trust. (d) A power to make a distribution under a second trust for the benefit of a beneficiary who is an individual is substantially similar to a power under the first trust to make a distribution directly to the beneficiary. A distribution is for the benefit of a beneficiary if: (1) the distribution is applied for the benefit of the beneficiary; (2) the beneficiary is under a legal disability or the trustee reasonably believes the beneficiary is incapacitated, and the distribution is made as permitted under Chapter 3B (commencing with Section 19-3B-101) of this title; or (3) the distribution is made as permitted under the terms of the first-trust instrument and the second-trust instrument for the benefit of the beneficiary. (Act 2018-519, §12.)
AL Code § 19-3D-14 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3D - Alabama Uniform Trust Decanting Act.|Section 19-3D-14 - Protection of Charitable Interest.

Section 19-3D-14THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.  PROTECTION OF CHARITABLE INTEREST. (a) In this section the following terms have the following meanings: (1) DETERMINABLE CHARITABLE INTEREST. A charitable interest that is a right to a mandatory distribution currently, periodically, on the occurrence of a specified event, or after the passage of a specified time, and which is unconditional or will be held solely for charitable purposes. (2) UNCONDITIONAL. Not subject to the occurrence of a specified event that is not certain to occur, other than a requirement in a trust instrument that a charitable organization be in existence or qualify under a particular provision of the United States Internal Revenue Code of 1986, as amended, on the date of the distribution, if the charitable organization meets the requirement on the date of determination. (b) If a first trust contains a determinable charitable interest that is not entirely held by or for the benefit of one or more identified and existing charitable organizations, the Attorney General has the rights of a qualified beneficiary and may represent and bind the charitable interest. (c) If a first trust contains a charitable interest, the second trust or trusts may not: (1) diminish the charitable interest; (2) diminish the interest of an identified charitable organization that holds the charitable interest; (3) alter any charitable purpose stated in the first-trust instrument; or (4) alter any condition or restriction related to the charitable interest. (d) If there are two or more second trusts, the second trusts shall be treated as one trust for purposes of determining whether the exercise of the decanting power diminishes the charitable interest or diminishes the interest of an identified charitable organization for purposes of subsection (c). (e) If a first trust contains a determinable charitable interest that is not entirely held by or for the benefit of one or more identified and existing charitable organizations, the second trust or trusts that include a charitable interest pursuant to subsection (c) must be administered under the law of this state unless: (1) the Attorney General, after receiving notice under Section 19-3D-7, fails to object in a signed record delivered to the authorized fiduciary within the notice period; (2) the Attorney General consents in a signed record to the second trust or trusts being administered under the law of another jurisdiction; or (3) the court approves the exercise of the decanting power. (f) This chapter does not limit the powers and duties of the Attorney General under laws of this state other than this chapter. (Act 2018-519, §14.)
AL Code § 19-3D-15 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3D - Alabama Uniform Trust Decanting Act.|Section 19-3D-15 - Trust Limitation on Decanting.

Section 19-3D-15THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.  TRUST LIMITATION ON DECANTING. (a) An authorized fiduciary may not exercise the decanting power to the extent the first-trust instrument expressly prohibits exercise of: (1) the decanting power; or (2) a power granted by state law to the fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust. (b) Exercise of the decanting power is subject to any restriction in the first-trust instrument that expressly applies to exercise of: (1) the decanting power; or (2) a power granted by state law to a fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust. (c) A general prohibition of the amendment or revocation of a first trust, a spendthrift clause, or a clause restraining the voluntary or involuntary transfer of a beneficiary's interest does not preclude exercise of the decanting power. (d) Subject to subsections (a) and (b), an authorized fiduciary may exercise the decanting power under this chapter even if the first-trust instrument permits the authorized fiduciary or another person to modify the first-trust instrument or to distribute part or all of the principal of the first trust to another trust. (e) If a first-trust instrument contains an express prohibition described in subsection (a) or an express restriction described in subsection (b), the provision must be included in the second-trust instrument. (Act 2018-519, §15.)
AL Code § 19-3D-16 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3D - Alabama Uniform Trust Decanting Act.|Section 19-3D-16 - Change in Compensation.

Section 19-3D-16Change in compensation.  (a) If a first-trust instrument specifies an authorized fiduciary's compensation, the fiduciary may not exercise the decanting power to increase the fiduciary's compensation above the specified compensation unless: (1) all qualified beneficiaries of the second trust consent to the increase in a signed record; or  (2) the increase is approved by the court. (b) If a first-trust instrument does not specify an authorized fiduciary's compensation, the fiduciary may not exercise the decanting power to increase the fiduciary's compensation above the compensation permitted by Chapter 3B (commencing with Section 19-3B-101) of this title, unless: (1) all qualified beneficiaries of the second trust consent to the increase in a signed record; or  (2) the increase is approved by the court. (c) A change in an authorized fiduciary's compensation which is incidental to other changes made by the exercise of the decanting power is not an increase in the fiduciary's compensation for purposes of subsections (a) and (b). (Act 2018-519, §16.)
AL Code § 19-3D-17 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3D - Alabama Uniform Trust Decanting Act.|Section 19-3D-17 - Relief From Liability and Indemnification.

Section 19-3D-17THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.  RELIEF FROM LIABILITY AND INDEMNIFICATION. (a) Except as otherwise provided in this section, a second-trust instrument may not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first-trust instrument. (b) A second-trust instrument may provide for indemnification of an authorized fiduciary of the first trust or another person acting in a fiduciary capacity under the first trust for any liability or claim that would have been payable from the first trust if the decanting power had not been exercised. (c) A second-trust instrument may not reduce fiduciary liability in the aggregate. (d) Subject to subsection (c), a second-trust instrument may divide and reallocate fiduciary powers among fiduciaries, including one or more trustees, distribution advisors, investment advisors, trust protectors, or other persons, and relieve a fiduciary from liability for an act or failure to act of another fiduciary as permitted by laws of this state other than this chapter. (Act 2018-519, §17.)
AL Code § 19-3D-18 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3D - Alabama Uniform Trust Decanting Act.|Section 19-3D-18 - Removal or Replacement of Authorized Fiduciary.

Section 19-3D-18THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.  REMOVAL OR REPLACEMENT OF AUTHORIZED FIDUCIARY. An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless: (1) the person holding the power consents to the modification in a signed record and the modification applies only to the person; (2) the person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or (3) the court approves the modification and the modification grants a substantially similar power to another person. (Act 2018-519, §18.)
AL Code § 19-3D-20 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3D - Alabama Uniform Trust Decanting Act.|Section 19-3D-20 - Duration of Second Trust.

Section 19-3D-20THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.  DURATION OF SECOND TRUST. (a) Subject to subsection (b), a second trust may have a duration that is the same as or different from the duration of the first trust. (b) To the extent that property of a second trust is attributable to property of the first trust, the property of the second trust is subject to any rules governing maximum perpetuity, accumulation, or suspension of the power of alienation which apply to property of the first trust. (Act 2018-519, §20.)
AL Code § 19-3D-21 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3D - Alabama Uniform Trust Decanting Act.|Section 19-3D-21 - Need to Distribute Not Required.

Section 19-3D-21THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.  NEED TO DISTRIBUTE NOT REQUIRED. An authorized fiduciary may exercise the decanting power whether or not under the first trust's discretionary distribution standard the fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise. (Act 2018-519, §21.)
AL Code § 19-3D-22 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3D - Alabama Uniform Trust Decanting Act.|Section 19-3D-22 - Saving Provision.

Section 19-3D-22THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.  SAVING PROVISION. (a) If exercise of the decanting power would be effective under this chapter except that the second-trust instrument in part does not comply with this chapter, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust attributable to the exercise of the power: (1) A provision in the second-trust instrument which is not permitted under this chapter is void to the extent necessary to comply with this chapter. (2) A provision required by this chapter to be in the second-trust instrument which is not contained in the instrument is deemed to be included in the instrument to the extent necessary to comply with this chapter. (b) If a trustee or other fiduciary of a second trust determines that subsection (a) applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary's duties. (Act 2018-519, §22.)
AL Code § 19-3D-23 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3D - Alabama Uniform Trust Decanting Act.|Section 19-3D-23 - Trust for Care of Animal.

Section 19-3D-23THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.  TRUST FOR CARE OF ANIMAL. (a) In this section the following terms have the following meanings: (1) ANIMAL TRUST. A trust or an interest in a trust created to provide for the care of one or more animals. (2) PROTECTOR. A person appointed in an animal trust to enforce the trust on behalf of the animal or, if no such person is appointed in the trust, a person appointed by the court for that purpose. (b) The decanting power may be exercised over an animal trust that has a protector to the extent the trust could be decanted under this chapter if each animal that benefits from the trust were an individual, if the protector consents in a signed record to the exercise of the power. (c) A protector for an animal has the rights under this chapter of a qualified beneficiary. (d) Notwithstanding any other provision of this chapter, if a first trust is an animal trust, in an exercise of the decanting power, the second trust must provide that trust property may be applied only to its intended purpose for the period the first trust benefitted the animal. (Act 2018-519, §23.)
AL Code § 19-3D-24 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3D - Alabama Uniform Trust Decanting Act.|Section 19-3D-24 - Terms of Second Trust.

Section 19-3D-24THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.  TERMS OF SECOND TRUST. A reference in Chapter 3B (commencing with Section 19-3B-101) of this title, to a trust instrument or terms of the trust includes a second-trust instrument and the terms of the second trust. (Act 2018-519, §24.)
AL Code § 19-3D-25 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3D - Alabama Uniform Trust Decanting Act.|Section 19-3D-25 - Settlor.

Section 19-3D-25THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.  SETTLOR. (a) For purposes of laws of this state other than this chapter and subject to subsection (b), a settlor of a first trust is deemed to be the settlor of the second trust with respect to the portion of the principal of the first trust subject to the exercise of the decanting power. (b) In determining settlor intent with respect to a second trust, the intent of a settlor of the first trust, a settlor of the second trust, and the authorized fiduciary may be considered. (Act 2018-519, §25.)
AL Code § 19-3D-26 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3D - Alabama Uniform Trust Decanting Act.|Section 19-3D-26 - Later-Discovered Property.

Section 19-3D-26THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.  LATER-DISCOVERED PROPERTY. (a) Except as otherwise provided in subsection (c), if exercise of the decanting power was intended to distribute all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust and property paid to or acquired by the first trust after the exercise of the power is part of the trust estate of the second trust or trusts. (b) Except as otherwise provided in subsection (c), if exercise of the decanting power was intended to distribute less than all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power remains part of the trust estate of the first trust. (c) An authorized fiduciary may provide in an exercise of the decanting power or by the terms of a second trust for disposition of later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power. (Act 2018-519, §26.)
AL Code § 19-3D-27 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3D - Alabama Uniform Trust Decanting Act.|Section 19-3D-27 - Obligations.

Section 19-3D-27THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.  OBLIGATIONS. A debt, liability, or other obligation enforceable against property of a first trust is enforceable to the same extent against the property when held by the second trust after exercise of the decanting power. (Act 2018-519, §27.)
AL Code § 19-3D-28 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3D - Alabama Uniform Trust Decanting Act.|Section 19-3D-28 - Uniformity of Application and Construction.

Section 19-3D-28THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.  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. (Act 2018-519, §28.)
AL Code § 19-3D-29 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3D - Alabama Uniform Trust Decanting Act.|Section 19-3D-29 - Relation to Electronic Signatures in Global and National Commerce Act.

Section 19-3D-29THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.  RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does 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). (Act 2018-519, §29.)
AL Code § 19-3E-1 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3E - Alabama Qualified Dispositions in Trust Act.|Section 19-3E-1 - Short Title.

Section 19-3E-1Short title. This chapter shall be known and may be cited as the Alabama Qualified Dispositions in Trust Act. (Act 2021-238, §1.)
AL Code § 19-3E-3 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3E - Alabama Qualified Dispositions in Trust Act.|Section 19-3E-3 - Jurisdiction and Venue.

Section 19-3E-3Jurisdiction and venue. (a) Except as provided in subsection (b), the circuit court has exclusive jurisdiction over an action that addresses either of the following questions: (1) Whether a transfer is a qualified disposition. (2) The extent of the transferor's interest in, or the income from, a qualified disposition. (b) A probate court granted statutory equitable jurisdiction has concurrent jurisdiction with the circuit court over questions described in subsection (a) and over an action brought under subsection (b) of Section 19-3E-5. (c) Except to the extent otherwise provided by court rule, venue for a proceeding under subsection (a) or (b) is in the following order of priority: (1) In any county where venue is proper for civil actions generally, pursuant to Chapter 3 of Title 6. (2) In a county in this state in which the current qualified trustee has its usual place of business or residence. (3) In a county in this state in which the immediately preceding qualified trustee had its usual place of business or residence. (4) In a county in this state in which any trust property subject to the qualified disposition is located. (5) In a county in this state in which a trust beneficiary resides. (Act 2021-238, §3.)
AL Code § 19-3E-8 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3E - Alabama Qualified Dispositions in Trust Act.|Section 19-3E-8 - Cessation of a Qualified Trustee and Successor.

Section 19-3E-8Cessation of a qualified trustee and successor. (a)(1) If a person serving as a qualified trustee ceases to meet the requirements of a qualified trustee and there remains no trustee that meets the requirements of a qualified trustee, the person serving as qualified trustee is considered to have resigned as of the time of the cessation and the successor qualified trustee provided for in the trust instrument becomes a qualified trustee of the trust on the successor qualified trustee's acceptance of trusteeship. (2) In the absence of a successor qualified trustee provided for in the trust instrument, the court having jurisdiction, on petition of a qualified beneficiary, shall appoint a successor qualified trustee. (b) A disposition that was a qualified disposition does not cease to be a qualified disposition as a result of a subsequent vacancy in the position of qualified trustee if a successor qualified trustee is appointed or a proceeding for the appointment of a successor qualified trustee is commenced within a reasonable time after a person with authority to appoint a qualified trustee or commence a proceeding to appoint a qualified trustee knows of the vacancy. (Act 2021-238, §8.)