reglab/housing_qa huggingface dataset:
AL Code § 19-3B-411 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-411 - Modification or Termination of Noncharitable Irrevocable Trust by Consent.

Section 19-3B-411Modification or termination of noncharitable irrevocable trust by consent. (a) If, upon petition, the court finds that the settlor and all beneficiaries consent to the modification or termination of an irrevocable trust, the court shall enter an order approving the modification or termination even if the modification or termination is inconsistent with a material purpose of the trust. A settlor's power to consent to a trust's modification or termination may be exercised by an agent under a power of attorney only to the extent expressly authorized by the power of attorney or the terms of the trust; by the settlor's conservator with the approval of the court supervising the conservatorship if an agent is not so authorized; or by 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 terminated upon consent of all of the beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. A noncharitable irrevocable trust may be modified upon consent of all of the beneficiaries if the 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 not presumed to constitute a material purpose of the trust. This subsection applies only to irrevocable trusts created on or after January 1, 2007, and to revocable trusts which become irrevocable on or after January 1, 2007. (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), then the modification or termination may be approved by the 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. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-412 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-412 - Modification or Termination Because of Unanticipated Circumstances or Inability to Administer Trust Effectively.

Section 19-3B-412Modification or termination because of unanticipated circumstances or inability to administer trust effectively. (a) The 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) The 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. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-413 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-413 - Cy Pres.

Section 19-3B-413Cy pres. (a) Except as otherwise provided in subsection (b), if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful: (1) the trust does not fail, in whole or in part; (2) the trust property does not revert to the settlor or the settlor's successors in interest; and (3) the court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes. (b) A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under subsection (a) to apply cy pres to modify or terminate the trust only if, when the provision takes effect: (1) the trust property is to revert to the settlor and the settlor is still living; or (2) fewer than 21 years have elapsed since the date of the trust's creation. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-414 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-414 - Modification or Termination of Uneconomic Trust.

Section 19-3B-414Modification or termination of uneconomic trust. (a) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a total value less than $50,000 may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration. (b) The court may modify or terminate a trust or remove the trustee and appoint a different trustee if it determines that the value of the trust property is insufficient to justify the cost of 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. (d) This section does not apply to an easement for conservation or preservation. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-415 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-415 - Reformation to Correct Mistakes.

Section 19-3B-415Reformation to correct mistakes. The court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor's intention if it is proved by clear and convincing evidence that both the settlor's intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-416 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-416 - Modification to Achieve Settlor's Tax Objectives.

Section 19-3B-416Modification to achieve settlor's tax objectives. To achieve the settlor's tax objectives, the court may modify the terms of a trust in a manner that is not contrary to the settlor's probable intention. The court may provide that the modification has retroactive effect. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-417 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-417 - Combination and Division of Trusts.

Section 19-3B-417Combination and division of trusts. After notice to the qualified beneficiaries, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts, if the result does not impair rights of any beneficiary or adversely affect achievement of the purposes of the trust. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-501 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-501 - Rights of Beneficiary's Creditor or Assignee.

Section 19-3B-501Rights of beneficiary's creditor or assignee.  To the extent a beneficiary's interest is not subject to a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's interest by attachment of present or future distributions to or for the benefit of the beneficiary or other means. The court may limit the award to such relief as is appropriate under the circumstances. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-502 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-502 - Spendthrift Provision.

Section 19-3B-502Spendthrift provision. (a) A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest. (b) A term of a trust providing that the interest of a beneficiary is held subject to a "spendthrift trust," or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary's interest. (c) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in this article, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before its receipt by the beneficiary. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-503 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-503 - Exceptions to Spendthrift Provision.

Section 19-3B-503Exceptions to spendthrift provision. (a) In this section, "child" includes any person for whom an order or judgment for child support has been entered in this or another state. (b) A spendthrift provision is unenforceable against: (1) a beneficiary's child, spouse, or former spouse who has a judgment or court order against the beneficiary for support or maintenance; (2) a judgment creditor who has provided services for the protection of a beneficiary's interest in the trust; and (3) a claim of this state or the United States to the extent a statute of this state or federal law so provides. (c) A claimant against whom a spendthrift provision cannot be enforced may obtain from a court an order attaching present or future distributions to or for the benefit of the beneficiary. The court may limit the award to such relief as is appropriate under the circumstances. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-504 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-504 - Discretionary Trusts; Effect of Standard.

Section 19-3B-504Discretionary trusts; effect of standard.  (a) In this section, the terms "child", "spouse", or "former spouse" include any person for whom an order or judgment for child or spousal support has been entered in this or another state. (b) Except as otherwise provided in subsection (c), whether or not a trust contains a spendthrift provision, a creditor of a beneficiary may not compel a distribution that is subject to the trustee's discretion, even if: (1) the discretion is expressed in the form of a standard of distribution; or (2) the trustee has abused the discretion. (c) To the extent a trustee has not complied with a standard of distribution or has abused a discretion: (1) a distribution may be ordered by the court to satisfy a judgment or court order against the beneficiary for support or maintenance of the beneficiary's child, spouse, or former spouse; and (2) the court shall direct the trustee to pay to the child, spouse, or former spouse such amount as is equitable under the circumstances but not more than the amount the trustee would have been required to distribute to or for the benefit of the beneficiary had the trustee complied with the standard or not abused the discretion.  (d) This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution. (e) A creditor may not reach the interest of a beneficiary who is also a trustee or co-trustee, or otherwise compel a distribution, if the trustee's discretion to make distributions for the trustee's own benefit is limited by an ascertainable standard. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-506 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-506 - Overdue Distribution.

Section 19-3B-506Overdue distribution. (a) In this section, "mandatory distribution" means a distribution of income or principal that the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust. The term excludes a distribution subject to the exercise of the trustee's discretion regardless of whether the terms of the trust (i) include a support or other standard to guide the trustee in making distribution decisions or (ii) provide that the trustee "may" or "shall" make discretionary distributions, including distributions pursuant to a support or other standard. (b) Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may compel a mandatory distribution of income or principal to a beneficiary, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the mandated distribution date. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-507 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-507 - Personal Obligations of Trustee.

Section 19-3B-507Personal obligations of trustee. Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-601 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-601 - Capacity of Settlor of Revocable Trust.

Section 19-3B-601Capacity of settlor of revocable trust. The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-602 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-602 - Revocation or Amendment of Revocable Trust.

Section 19-3B-602Revocation or amendment of revocable trust. (a) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before January 1, 2007. (b) If a revocable trust is created or funded by more than one settlor, then: (1) to the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses; (2) to the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor's contribution; and (3) upon the revocation or amendment of the trust by fewer than all of the settlors, the trustee shall promptly notify the other settlors of the revocation or amendment. (c) The settlor may revoke or amend a revocable trust: (1) by substantial compliance with a method provided in the terms of the trust; or (2) if the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by: (A) a later will or codicil that expressly refers to the trust or that specifically devises property that would otherwise have passed according to the terms of the trust; or (B) any other method manifesting clear and convincing evidence of the settlor's intent; provided, however, that a written revocable trust may only be amended and revoked by a later written instrument delivered to the trustee. (d) Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs. (e) A settlor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust. (f) A conservator of the settlor or, if no conservator has been appointed, a guardian of the settlor may exercise a settlor's powers with respect to revocation, amendment, or distribution of trust property only with the approval of the court supervising the conservatorship or guardianship. (g) A trustee who does not have actual knowledge that a trust has been revoked or amended is not liable to the settlor or settlor's successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-603 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-603 - Settlor's Powers; Powers of Withdrawal.

Section 19-3B-603Settlor's powers; powers of withdrawal.  (a) While a trust is revocable, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor. (b) During the period the power may be exercised, the holder of a power of withdrawal has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-604 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-604 - Limitation on Action Contesting Validity of Revocable Trust; Distribution of Trust Property.

Section 19-3B-604Limitation on action contesting validity of revocable trust; distribution of trust property. (a) A person may commence a judicial proceeding to contest the validity of all or part of the terms of a trust that was revocable at the settlor's death within the earlier of: (1) two years after the settlor's death; or (2) six months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding. (b) Upon the death of the settlor of a trust that was revocable at the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless:  (1) the trustee has actual knowledge of a pending judicial proceeding contesting the validity of all or part of the terms of the trust; or (2) if, prior to the trustee's actual distribution, a potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 60 days after the contestant sent the notification. (c) A beneficiary of a trust that is determined to have been invalid in whole or in part is liable to return any distribution received to the extent that the invalidity applies to the distribution. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-701 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-701 - Accepting or Declining Trusteeship.

Section 19-3B-701Accepting or declining trusteeship. (a) Except as otherwise provided in subsection (c), a person designated as trustee accepts the trusteeship: (1) by substantially complying with a method of acceptance provided in the terms of the trust; or (2) if the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship. (b) A person designated as trustee who has not yet accepted the trusteeship may reject the trusteeship. A designated trustee who does not accept the trusteeship within a reasonable time after knowing of the designation is deemed to have rejected the trusteeship. (c) A person designated as trustee, without accepting the trusteeship, may: (1) act to preserve the trust property if, within a reasonable time after acting, the person sends a rejection of the trusteeship to the settlor or, if the settlor is dead or lacks capacity, to a qualified beneficiary; and (2) inspect or investigate trust property to determine potential liability under environmental or other law or for any other purpose. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-702 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-702 - Trustee's Bond.

Section 19-3B-702Trustee's bond. (a) A trustee shall give bond to secure performance of the trustee's duties only if the court finds that a bond is needed to protect the interests of the beneficiaries or is required by the terms of the trust and the court has not dispensed with the requirement. (b) The court may specify the amount of a bond, its liabilities, and whether sureties are necessary. The court may modify or terminate a bond at any time. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-703 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-703 - Co-Trustees.

Section 19-3B-703Co-trustees. (a) Co-trustees who are unable to reach a unanimous decision after consultation among all the co-trustees may act by majority decision. (b) If a vacancy occurs in a co-trusteeship, then the remaining co-trustees may act for the trust. (c) A co-trustee must participate in the performance of a trustee's function and consult with the other co-trustees unless the co-trustee is unavailable to perform the function because of absence, illness, disqualification under other law, or other temporary incapacity or the co-trustee has properly delegated the performance of the function to another trustee. (d) If a co-trustee is unavailable to perform duties because of absence, illness, disqualification under other law, or other temporary incapacity, and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, then the remaining co-trustee or a majority of the remaining co-trustees may act for the trust. (e) A trustee may delegate to a co-trustee the performance of any function other than a function that the terms of the trust expressly require the trustees to perform jointly. Unless a delegation was irrevocable, a trustee may revoke a delegation previously made. (f) Except as otherwise provided in subsection (g), a trustee who does not join in an action of another trustee is not liable for the action. (g) Each trustee shall exercise reasonable care to: (i) prevent a co-trustee from committing a serious breach of trust; and (ii) compel a co-trustee to redress a serious breach of trust. (h) A dissenting trustee who joins in an action at the direction of the majority of the trustees and who notified any co-trustee of the dissent at or before the time of the action is not liable for the action unless the action is a serious breach of trust. (Act 2006-216, p. 314, §1.)