reglab/housing_qa huggingface dataset:
IA Code § 633A.1109 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.1109 - Methods of notice and document delivery — waiver.

633A.1109 Methods of notice and document delivery — waiver.   Except as otherwise provided by this chapter:   1. Giving notice to a person, including notice of a judicial proceeding, or the sending of a document to a person under this chapter shall be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of giving notice or sending a document include first-class mail, personal delivery to a person’s last known place of residence or place of business, or by properly directed electronic mail. When notice in a trust proceeding is served on an interested party via the United States postal service, the service is made and completed when the notice being served is enclosed in a sealed envelope with proper postage paid, is addressed to the interested party at the party’s last known post office address, and is deposited in a mail receptacle provided by the United States postal service.   2. In the case of a proceeding against an unknown person whose address or whereabouts are unknown, the court shall prescribe that notice may be served by publication within the time and in the manner provided by the rules of civil procedure.   3. Notice under this chapter or the right to receive a document under this chapter may be waived by the person to be notified or entitled to receive the document.   4. For purposes of this section, “properly directed” means directed to an electronic mail address that the sender reasonably believes is a current electronic mail address of the recipient.  2016 Acts, ch 1088, §2, 3  Section applies to notices and documents sent on or after July 1, 2016, regarding trusts in existence on or created after July 1, 2016;  2016 Acts, ch 1088, §3
IA Code § 633A.2101 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.2101 - Methods of creating trusts.

633A.2101 Methods of creating trusts.   A trust may be created by any of the following methods:   1. Transfer of property to another person as trustee during the settlor’s lifetime, or by will taking effect upon the settlor’s death.   2. Declaration by the owner of property that the owner holds property as trustee.   3. Exercise of a power of appointment in favor of another person as trustee.   4. A promise enforceable by the trustee to transfer property to the trustee.  99 Acts, ch 125, §8, 109  C2001, §633.2101  2005 Acts, ch 38, §54  CS2005, §633A.2101
IA Code § 633A.2102 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.2102 - Requirements for validity.

633A.2102 Requirements for validity.   1. A trust is created only if all of the following elements are satisfied:   a. The settlor was competent and indicated an intention to create a trust.   b. The same person is not the sole trustee and sole beneficiary.   c. The trust has a definite beneficiary or a beneficiary who will be definitely ascertained within the period of the applicable rule against perpetuities, unless the trust is a charitable trust, an honorary trust, or a trust for pets.   d. The trustee has duties to perform.   2. 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 passes to the person or persons who would have taken the property had the power not been conferred.   3. A trust is not merged or invalid because a person, including but not limited to the settlor of the trust, is or may become the sole trustee and the sole holder of the present beneficial interest in the trust, provided that one or more other persons hold a beneficial interest in the trust, whether such interest be vested or contingent, present or future, and whether created by express provision of the instrument or as a result of reversion to the settlor’s estate.  99 Acts, ch 125, §9, 109  C2001, §633.2102  2002 Acts, ch 1107, §2; 2003 Acts, ch 95, §9; 2005 Acts, ch 38, §54  CS2005, §633A.2102
IA Code § 633A.2103 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.2103 - Statute of frauds.

633A.2103 Statute of frauds.   1. A trust is enforceable when evidenced by either of the following:   a. A written instrument signed by the trustee, or by the trustee’s agent if authorized in writing.   b. A written instrument conveying the trust property signed by the settlor, or by the settlor’s agent if authorized in writing.   2. If an owner of property declares that property is held upon a trust, the written instrument evidencing the trust must be signed by the settlor according to one of the following:   a. Before or at the time of the declaration.   b. After the time of the declaration but before the settlor has transferred the property.   3. If an owner of property while living transfers property to another person to hold upon a trust, the written instrument evidencing the trust must be signed according to one of the following:   a. By the settlor, concurrently with or before the transfer.   b. By the trustee, concurrently with or before the transfer, or after the transfer but before the trustee has transferred the property to a third person.   4. Oral trusts that have not been reduced to writing as specified in this section are not enforceable. This section does not affect the power of a court to declare a resulting or constructive trust in the appropriate case or to order other relief where appropriate.  99 Acts, ch 125, §10, 109  C2001, §633.2103  2003 Acts, ch 95, §10, 11; 2005 Acts, ch 38, §54  CS2005, §633A.2103
IA Code § 633A.2104 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.2104 - Trust purposes.

633A.2104 Trust purposes.   1. A trust is created only if it has a private or charitable purpose that is not unlawful or against public policy.   2. A trust created for a private purpose must be administered for the benefit of its beneficiaries.  99 Acts, ch 125, §11, 109  C2001, §633.2104  2005 Acts, ch 38, §54  CS2005, §633A.2104
IA Code § 633A.2105 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.2105 - Honorary trusts — trusts for pets.

633A.2105 Honorary trusts — trusts for pets.   1. A trust for a lawful noncharitable purpose for which there is no definite or definitely ascertainable beneficiary is valid but may be performed by the trustee for only twenty-one years, whether or not the terms of the trust contemplate a longer duration.   2. A trust for the care of an animal living at the settlor’s death is valid. The trust terminates when no living animal is covered by its terms.   3. A portion of the property of a trust authorized by this section shall not be converted to any use other than its intended use unless the terms of the trust so provide or the court determines that the value of the trust property substantially exceeds the amount required.   4. The intended use of a trust authorized by this section may be enforced by a person designated for that purpose in the terms of the trust or, if none, by a person appointed by the court.  99 Acts, ch 125, §12, 109  C2001, §633.2105  2005 Acts, ch 38, §54  CS2005, §633A.2105
IA Code § 633A.2106 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.2106 - Resulting trusts.

633A.2106 Resulting trusts.   1. Where the owner of property gratuitously transfers the property and manifests in the trust instrument an intention that the transferee should hold the property in trust but the trust fails, the transferee holds the trust estate as a resulting trust for the transferor or the transferor’s estate, unless either of the following is true:   a. The transferor manifested in the trust instrument an intention that no resulting trust should arise.   b. The intended trust fails for illegality and the policy against unjust enrichment of the transferee is outweighed by the policy against giving relief to a person who has entered into an illegal transaction.   2. Where the owner of property gratuitously transfers the property subject to a trust which is properly declared and which has been fully performed without exhausting the trust estate, the trustee holds the surplus as a resulting trust for the transferor or the transferor’s estate, unless the transferor manifested in the trust instrument an intention that no resulting trust of the surplus should arise.   3. If the transferor’s estate is the recipient of property under this section and the administration of that estate has been closed and there is no question as to the proper recipients of the property, it is not necessary to reopen the estate administration for the purpose of distribution.  99 Acts, ch 125, §13, 109; 2000 Acts, ch 1150, §8  C2001, §633.2106  2005 Acts, ch 38, §54  CS2005, §633A.2106  Referred to in §633A.4701
IA Code § 633A.2107 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.2107 - Constructive trusts.

633A.2107 Constructive trusts.   A constructive trust arises when a person holding title to property is subject to an equitable duty to convey the property to another, on the ground that the person holding title would be unjustly enriched if the person were permitted to retain the property.  99 Acts, ch 125, §14, 109  C2001, §633.2107  2005 Acts, ch 38, §54  CS2005, §633A.2107
IA Code § 633A.2201 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.2201 - Termination of trust.

633A.2201 Termination of trust.   1. In addition to the methods specified in sections 633A.2202 through 633A.2206, a trust terminates when any of the following occurs:   a. The term of the trust expires.   b. The trust purpose is fulfilled.   c. The trust purpose becomes unlawful or impossible to fulfill.   d. The trust is revoked.   2. On termination of a trust, the trustee may exercise the powers necessary to wind up the affairs of the trust and distribute the trust property to those entitled to the trust property.  99 Acts, ch 125, §15, 109; 2000 Acts, ch 1150, §9  C2001, §633.2201  2002 Acts, ch 1107, §3; 2005 Acts, ch 38, §54, 55  CS2005, §633A.2201  Referred to in §633A.4805
IA Code § 633A.2202 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.2202 - Modification or termination by settlor and all beneficiaries.

633A.2202 Modification or termination by settlor and all beneficiaries.   1. An irrevocable trust may be modified or terminated upon the consent of the settlor and all of the beneficiaries.   2. Upon termination of the trust, the trustee shall distribute the trust property as agreed by the settlor and all beneficiaries, or in the absence of unanimous agreement, as ordered by the court.   3. For purposes of this section, the consent of a person who may bind a beneficiary or otherwise act on a beneficiary’s behalf is considered the consent of the beneficiary.  99 Acts, ch 125, §16, 109  C2001, §633.2202  2005 Acts, ch 38, §54  CS2005, §633A.2202  Referred to in §633A.2201, 633A.4805, 633A.6301
IA Code § 633A.2203 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.2203 - Termination of irrevocable trust or modification of dispositive provisions of irrevocable trust by court.

633A.2203 Termination of irrevocable trust or modification of dispositive provisions of irrevocable trust by court.   1. An irrevocable trust may be terminated or its dispositive provisions modified by the court with the consent of all of the beneficiaries if continuance of the trust on the same or different terms is not necessary to carry out a material purpose.   2. Upon termination of the trust, the court shall order the distribution of trust property in accordance with the probable intention of the settlor.   3. For purposes of this section, the consent of a person who may bind a beneficiary is considered the consent of the beneficiary.   4. For the purposes of this section, removal of the trustee or the addition of a provision to the trust instrument allowing a beneficiary or a group of beneficiaries to remove the trustee or to appoint a new trustee shall not be allowed as a modification under this section. This subsection shall not operate to limit the scope of dispositive provisions for the purposes of this section.   5. A spendthrift provision, or a provision giving the trustee discretion to distribute income or principal to a beneficiary or among beneficiaries, in the terms of the trust is presumed to constitute a material purpose of the trust.  99 Acts, ch 125, §17, 109; 2000 Acts, ch 1150, §10  C2001, §633.2203  2005 Acts, ch 38, §54  CS2005, §633A.2203  2009 Acts, ch 52, §9, 14; 2012 Acts, ch 1123, §15, 32  Referred to in §633A.2201, 633A.4805, 633A.6301, 633A.6308
IA Code § 633A.2204 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.2204 - Modification of administrative provisions by court for change of circumstances.

633A.2204 Modification of administrative provisions by court for change of circumstances.   On petition by a trustee or beneficiary, the court may modify the administrative provisions of the trust, if, owing to circumstances not known to the settlor and not anticipated by the settlor, the continuation of the trust under its terms would defeat or substantially impair the accomplishment of the purposes of the trust. If necessary to carry out the purposes of the trust, the court may order the trustee to do acts that are not authorized or are forbidden by the trust instrument.  2000 Acts, ch 1150, §11  C2001, §633.2204  2005 Acts, ch 38, §54  CS2005, §633A.2204  Referred to in §633A.2201, 633A.4805
IA Code § 633A.2205 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.2205 - Noncharitable trust with uneconomically low value.

633A.2205 Noncharitable trust with uneconomically low value.   1. On petition by a trustee or beneficiary, the court may terminate or modify a noncharitable trust or appoint a new trustee if the court determines that the value of the trust property is insufficient to justify the cost of administration involved and that continuation of the trust under its existing terms would defeat or significantly impair the accomplishment of the trust purposes.   2. Upon termination of a trust under this section, the trustee shall distribute the trust property in accordance with the probable intention of the settlor under the circumstances. Extrinsic evidence is admissible for the purpose of ascertaining the probable intention of the settlor.  99 Acts, ch 125, §18, 109  C2001, §633.2205  2002 Acts, ch 1107, §4; 2005 Acts, ch 38, §54  CS2005, §633A.2205  Referred to in §633A.2201, 633A.4805
IA Code § 633A.2206 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.2206 - Reformation — tax objectives.

633A.2206 Reformation — tax objectives.   1. The court may reform the terms of the trust, even if unambiguous, to conform to the settlor’s intent if it is proved by clear and convincing evidence that the settlor’s intent and the terms of the trust were affected by a mistake of fact or law whether expressed or induced.   2. The terms of the trust may be construed or modified, in a manner that does not violate the settlor’s probable intent, to achieve the settlor’s tax objectives.  99 Acts, ch 125, §19, 109  C2001, §633.2206  2002 Acts, ch 1107, §5; 2005 Acts, ch 38, §54  CS2005, §633A.2206  Referred to in §633A.2201, 633A.4805
IA Code § 633A.2207 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.2207 - Combination of trusts.

633A.2207 Combination of trusts.   1. A trustee, without approval of court, may combine two or more trusts with substantially similar beneficial interests unless the trust is a court reporting trust.   2. On petition by a trustee or beneficiary, the court may combine two or more trusts, whether or not the beneficial interests are substantially similar, if the court determines that administration as a single trust will not defeat or significantly impair the accomplishment of the trust purposes or the rights of the beneficiaries.   3. Where the court orders the combination of two trusts that are not essentially identical, the court shall include in its order a finding as to which trust provisions control.  99 Acts, ch 125, §20, 109; 2000 Acts, ch 1150, §12  C2001, §633.2207  2005 Acts, ch 38, §54  CS2005, §633A.2207  Referred to in §633A.4805
IA Code § 633A.2208 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.2208 - Division of trusts.

633A.2208 Division of trusts.   1. Without approval of a court, a trustee may divide a trust into two or more separate trusts with substantially similar terms if the division will not defeat or substantially impair the accomplishment of the trust purposes or the rights of the beneficiaries unless the trust is a court reporting trust.   2. On petition by a trustee or beneficiary, the court may divide a trust into two or more separate trusts, whether or not their terms are similar, if the court determines that dividing the trust is in the best interest of the beneficiaries and will not defeat or substantially impair the accomplishment of the trust purposes or the rights of the beneficiaries. To facilitate the division, the trustee may divide the trust assets in kind, by pro rata or non-pro rata division, or by any combination of the methods.   3. By way of illustration and without limitation, a trust may be divided pursuant to this section to allow a trust to qualify as a marital deduction trust for tax purposes, as a qualified subchapter S trust for federal income tax purposes, as a separate trust for federal generation skipping tax purposes, or for any other federal or state income, estate, excise, or inheritance tax benefit, or to facilitate the administration of a trust.  99 Acts, ch 125, §21, 109; 2000 Acts, ch 1150, §13  C2001, §633.2208  2005 Acts, ch 38, §37, 54  CS2005, §633A.2208  Referred to in §633A.4805
IA Code § 633A.2301 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.2301 - Rights of beneficiary, creditor, and assignee.

633A.2301 Rights of beneficiary, creditor, and assignee.   To the extent a beneficiary’s interest is not subject to a spendthrift provision, and subject to sections 633A.2305 and 633A.2306, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary’s interest by levy, attachment, or execution of present or future distributions to or for the benefit of the beneficiary or other means.  99 Acts, ch 125, §22, 109  C2001, §633.2301  2004 Acts, ch 1015, §27; 2005 Acts, ch 38, §38, 54, 55  CS2005, §633A.2301  2008 Acts, ch 1119, §21; 2008 Acts, ch 1191, §131
IA Code § 633A.2302 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.2302 - Spendthrift protection recognized.

633A.2302 Spendthrift protection recognized.   Except as otherwise provided in section 633A.2303:   1. 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, assignment, and encumbrance of the beneficiary’s interest.   2. A beneficiary shall not transfer, assign, or encumber an interest in a trust in violation of a valid spendthrift provision, and a creditor or assignee of the beneficiary of a spendthrift trust shall not reach the interest of the beneficiary or a distribution by the trustee before its receipt by the beneficiary.   3. Notwithstanding subsections 1 and 2, the interest of a beneficiary of a valid spendthrift trust may be reached to satisfy an enforceable claim against the beneficiary or the beneficiary’s estate for either of the following:   a. Services or supplies for necessaries provided to or for the beneficiary.   b. Tax claims by the United States to the extent authorized by federal law or an applicable provision of the Code.  99 Acts, ch 125, §23, 109  C2001, §633.2302  2004 Acts, ch 1015, §28; 2005 Acts, ch 38, §54  CS2005, §633A.2302  2008 Acts, ch 1119, §22
IA Code § 633A.2303 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.2303 - Spendthrift trusts for the benefit of settlor.

633A.2303 Spendthrift trusts for the benefit of settlor.   A term of a trust prohibiting an involuntary transfer of a beneficiary’s interest shall be invalid as against claims by any creditors of the beneficiary if the beneficiary is the settlor.  99 Acts, ch 125, §24, 109  C2001, §633.2303  2005 Acts, ch 38, §39, 54  CS2005, §633A.2303  2008 Acts, ch 1119, §23  Referred to in §633A.2302
IA Code § 633A.2304 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.2304 - Amount reachable by creditors or transferees of settlor.

633A.2304 Amount reachable by creditors or transferees of settlor.   1. If a settlor is a beneficiary of a trust created by the settlor, a transferee or creditor of the settlor may reach the maximum amount that the trustee could pay to or for the settlor’s benefit.   2. In the case of a trust with multiple settlors, the amount the creditors or transferees of a particular settlor may reach shall not exceed the portion of the trust attributable to that settlor’s contribution.   3. The assets of an irrevocable trust shall not become subject to the claims of creditors of the settlor of a trust solely due to a provision in the trust that allows a trustee of the trust to reimburse the settlor for income taxes payable on the income of the trust. This subsection shall not limit the rights of the creditor of the settlor to assert a claim against the assets of the trust due to the retention or grant of any rights to the settlor under the trust instrument or any other beneficial interest of the settlor other than as specifically set forth in this subsection.  2008 Acts, ch 1119, §24
IA Code § 633A.2305 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.2305 - Discretionary trusts — effect of standard.

633A.2305 Discretionary trusts — effect of standard.   1. Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary shall not compel a distribution that is subject to the trustee’s discretion, even if any of the following occur:   a. The discretion is expressed in the form of a standard of distribution.   b. The trustee has abused its discretion.   2. This section shall not apply to a creditor of a beneficiary or to a creditor of a deceased beneficiary enforcing an interest in a trust, if any, given to a beneficiary by the trust instrument.  2008 Acts, ch 1119, §25  Referred to in §633A.2301