reglab/housing_qa huggingface dataset:
AR Code § 28-73-109 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 1 - General Provisions and Definitions|§ 28-73-109. Methods and waiver of notice

 (a) Notice to a person under this chapter or the sending of a document to a person under this chapter 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, 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 chapter or a document otherwise required to be sent under this chapter 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 chapter or the sending of a document under this chapter 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 civil procedure.
AR Code § 28-73-110 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 1 - General Provisions and Definitions|§ 28-73-110. Others treated as qualified beneficiaries

 (a) Whenever notice to qualified beneficiaries of a trust is required under this chapter, the trustee must also give notice to any other beneficiary who has sent the trustee a request for notice.  (b) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under this chapter if the charitable organization, on the date the charitable organization's qualification is being determined:  (1) is a distributee or permissible distributee of trust income or principal;  (2) would be a distributee or permissible distributee of trust income or principal upon termination of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or  (3) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.    (c) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in § 28-73-408 or § 28-73-409 has the rights of a qualified beneficiary under this chapter.  (d) The Attorney General has the rights of a qualified beneficiary with respect to a charitable trust having its principal place of administration in this state.
AR Code § 28-73-111 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 1 - General Provisions and Definitions|§ 28-73-111. 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 court.  (b) Except as otherwise provided in subsection (c), interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.  (c) A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law.  (d) Matters that may be resolved by a nonjudicial settlement agreement include:  (1) the interpretation or construction of the terms of the trust;  (2) the approval of a trustee's report or accounting;  (3) direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;  (4) the resignation or appointment of a trustee and the determination of a trustee's compensation;  (5) transfer of a trust's principal place of administration; and  (6) liability of a trustee for an action relating to the trust.    (e) Any interested person may request a court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in § 28-73-301 et seq. was adequate, and to determine whether the agreement contains terms and conditions a court could have properly approved.
AR Code § 28-73-112 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 1 - General Provisions and Definitions|§ 28-73-112. 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.
AR Code § 28-73-201 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 2 - Judicial Proceedings|§ 28-73-201. Role of court in administration of trust

 (a) A court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.  (b) A trust is not subject to continuing judicial supervision unless ordered by the court.  (c) A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including a request for instructions and an action to declare rights.
AR Code § 28-73-202 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 2 - Judicial Proceedings|§ 28-73-202. 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 a court 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 a court 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.
AR Code § 28-73-203 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 2 - Judicial Proceedings|§ 28-73-203. Subject-matter jurisdiction

 The circuit court has exclusive jurisdiction of proceedings in this state brought by a trustee or beneficiary concerning the administration of a trust or of other proceedings involving a trust.
AR Code § 28-73-301 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 3 - Representation|§ 28-73-301. Representation — Basic effect

 (a) Notice to a person who may represent and bind another person under this subchapter 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 subchapter 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 §§ 28-73-411 and 28-73-602, a person who under this subchapter may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.  (d) A settlor may not represent and bind a beneficiary under this subchapter with respect to the termination or modification of a trust under § 28-73-411(a).
AR Code § 28-73-302 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 3 - Representation|§ 28-73-302. 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.
AR Code § 28-73-303 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 3 - Representation|§ 28-73-303. 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 conservator may represent and bind the estate that the conservator controls;  (2) a guardian may represent and bind the ward if a conservator of the ward's estate has not been appointed;  (3) an agent having authority to act with respect to the particular question or dispute may represent and bind the principal;  (4) a trustee may represent and bind the beneficiaries of the trust;  (5) a personal representative of a decedent's estate may represent and bind persons interested in the estate; and  (6) a parent may represent and bind the parent's minor or unborn child if a guardian for the child has not been appointed.
AR Code § 28-73-304 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 3 - Representation|§ 28-73-304. 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 between the representative and the person represented.
AR Code § 28-73-305 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 3 - Representation|§ 28-73-305. Appointment of representative

 (a) If a court determines that an interest is not represented under this subchapter, or that the otherwise available representation might be inadequate, the court may appoint a guardian ad litem 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 guardian ad litem may be appointed to represent several persons or interests.  (b) A guardian ad litem may act on behalf of the individual represented with respect to any matter arising under this chapter, whether or not a judicial proceeding concerning the trust is pending.  (c) In making decisions, a guardian ad litem may consider general benefit accruing to the living members of the individual's family.
AR Code § 28-73-401 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 4 - Creation, Validity, Modification, and Termination of Trust|§ 28-73-401. Methods of creating trust

 A trust may be created by:   (1) transfer of property to another person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death;  (2) declaration by the owner of property that the owner holds identifiable property as trustee; or  (3) exercise of a power of appointment in favor of a trustee.
AR Code § 28-73-402 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 4 - Creation, Validity, Modification, and Termination of Trust|§ 28-73-402. 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 § 28-73-408; or  (C) a trust for a noncharitable purpose, as provided in § 28-73-409;    (4) the trustee has duties to perform; and  (5) the same person is not the sole trustee and sole beneficiary.    (b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.  (c) A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, 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.
AR Code § 28-73-403 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 4 - Creation, Validity, Modification, and Termination of Trust|§ 28-73-403. 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 national;  (2) a trustee was domiciled or had a place of business; or  (3) any trust property was located.
AR Code § 28-73-404 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 4 - Creation, Validity, Modification, and Termination of Trust|§ 28-73-404. 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.
AR Code § 28-73-405 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 4 - Creation, Validity, Modification, and Termination of Trust|§ 28-73-405. 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, 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, the court may select one (1) or more charitable purposes or beneficiaries. The selection must be consistent with the settlor's intention to the extent it can be ascertained.  (c) The settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust.
AR Code § 28-73-406 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 4 - Creation, Validity, Modification, and Termination of Trust|§ 28-73-406. 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.
AR Code § 28-73-407 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 4 - Creation, Validity, Modification, and Termination of Trust|§ 28-73-407. Evidence of oral trust

 Except as required by a statute other than this chapter, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence.
AR Code § 28-73-408 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 4 - Creation, Validity, Modification, and Termination of Trust|§ 28-73-408. Trust for care of animal

 (a) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one (1) animal alive during the settlor's lifetime, upon the death of the last surviving animal.  (b) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by a court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.  (c) Property of a trust authorized by this section may be applied only to its intended use, except to the extent a court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor's successors in interest.
AR Code § 28-73-409 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 4 - Creation, Validity, Modification, and Termination of Trust|§ 28-73-409. Noncharitable trust without ascertainable beneficiary

 Except as otherwise provided in § 28-73-408 or by another statute, the following rules apply:   (1) a trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be enforced for more than twenty-one (21) years;  (2) a trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by a court; and  (3) property of a trust authorized by this section may be applied only to its intended use, except to the extent a court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor's successors in interest.
AR Code § 28-73-410 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 4 - Creation, Validity, Modification, and Termination of Trust|§ 28-73-410. Modification or termination of trust — Proceedings for approval or disapproval

 (a) In addition to the methods of termination prescribed by §§ 28-73-411 — 28-73-414, a trust terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved, or the purposes of the trust have become unlawful, contrary to public policy, or impossible to achieve.  (b) A proceeding to approve or disapprove a proposed modification or termination under §§ 28-73-411 — 28-73-416, or trust combination or division under § 28-73-417, may be commenced by a trustee or beneficiary, and a proceeding to approve or disapprove a proposed modification or termination under § 28-73-411 may be commenced by the settlor. The settlor of a charitable trust may maintain a proceeding to modify the trust under § 28-73-413.
AR Code § 28-73-411 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 4 - Creation, Validity, Modification, and Termination of Trust|§ 28-73-411. Modification or termination of noncharitable irrevocable trust by consent

 (a)  (1) A noncharitable irrevocable trust may be modified or terminated upon consent of the settlor and all beneficiaries, even if the modification or termination is inconsistent with a material purpose of the trust.  (2) A settlor's power to consent to a trust's modification or termination may be exercised by:  (A) an agent under a power of attorney only to the extent expressly authorized by the power of attorney or the terms of the trust;  (B) the settlor's conservator with the approval of the court supervising the conservatorship if an agent is not so authorized; or  (C) the settlor's guardian with the approval of the court supervising the guardianship if an agent is not so authorized and a conservator has not been appointed.      (b) A noncharitable irrevocable trust may be:  (1) terminated upon consent of all of the beneficiaries if a court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust; or  (2) modified upon consent of all of the beneficiaries if a court concludes that modification is not inconsistent with a material purpose of the trust.    (c) A spendthrift provision in the terms of the trust is presumed to constitute a material purpose of the trust.  (d) Upon termination of a trust under subsection (a) or (b), the trustee shall distribute the trust property as agreed by the beneficiaries.  (e) If not all of the beneficiaries consent to a proposed modification or termination of the trust under subsection (a) or (b), the modification or termination may be approved by a court if the court is satisfied that:  (1) if all of the beneficiaries had consented, the trust could have been modified or terminated under this section; and  (2) the interests of a beneficiary who does not consent will be adequately protected.
AR Code § 28-73-412 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 73 - Arkansas Trust Code|Subchapter 4 - Creation, Validity, Modification, and Termination of Trust|§ 28-73-412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively

 (a) In addition to the procedure available under § 28-69-401 et seq., a court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.  (b) A court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration.  (c) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.