reglab/housing_qa huggingface dataset:
MO Rev Stat § 456.3-302 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.3-302 - Representation by holder of general testamentary power of appointment.

Effective - 01 Jan 2005   456.3-302. Representation by holder of general testamentary power of appointment. — The holder of a testamentary power of appointment may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power. In this section "testamentary power of appointment" means a testamentary power of appointment exercisable without the consent of the creator of the power or person holding an adverse interest in favor of:  (1) a class of appointees that includes the holder, the holder's estate, the holder's creditors, or the creditors of the holder's estate; or  (2) all persons other than the holder, the holder's estate, the holder's creditor's, or the creditors of the holder's estate. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.3-303 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.3-303 - Representation by fiduciaries and parents.

Effective - 01 Jan 2005   456.3-303. 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 conservator ad litem may represent and bind the ward with respect to a particular question or dispute over which a conservator does not have authority;  (3) a guardian may represent and bind the ward with respect to a particular question or dispute if a conservator or conservator ad litem is not authorized to act with respect to that particular question or dispute;  (4) a parent may represent and bind the parent's minor or unborn child if a conservator, conservator ad litem, or guardian for the child has not been appointed;  (5) an agent having authority to act with respect to the particular question or dispute may represent and bind the principal;  (6) a trustee may represent and bind the beneficiaries of the trust; and  (7) a personal representative of a decedent's estate may represent and bind persons interested in the estate. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.3-304 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.3-304 - Representation by person having substantially identical interest.

Effective - 28 Aug 2016, 2 histories   456.3-304. Representation by person having substantially identical interest. — 1. 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 with respect to a particular question or dispute.  2. Unless otherwise represented, a beneficiary who is not a qualified beneficiary may be represented by and bound by a qualified beneficiary having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest with respect to the particular question or dispute between the representative and the person represented, in any court proceeding under subsection 2 of section 456.4-412, or in a nonjudicial settlement agreement entered into under section 456.1-111 or section 456.4-411A in lieu of such a court proceeding. ­­-------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892, A.L. 2016 H.B. 1765)
MO Rev Stat § 456.3-305 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.3-305 - Appointment of representative.

Effective - 01 Jan 2005   456.3-305. Appointment of representative. — 1. If the court determines that an interest is not represented under sections 456.3-301 to 456.3-305 or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown. A representative may be appointed to represent several persons or interests.  2. A representative may act on behalf of the individual represented with respect to any matter arising under sections 456.1-101 to 456.11-1106, whether or not a judicial proceeding concerning the trust is pending.  3. In making decisions, a representative may consider general benefits accruing to the living members of the individual's family. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.4-401 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.4-401 - Methods of creating trust.

Effective - 28 Aug 2006   456.4-401. 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;  (3) exercise of a power of appointment in favor of a trustee; or  (4) a court under section 475.092, 475.093, or 511.030, or 42 U.S.C. Section 1396p(d)(4). ­­-------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892)
MO Rev Stat § 456.4-402 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.4-402 - Requirements for creation.

Effective - 28 Aug 2006   456.4-402. Requirements for creation. — 1. Other than for a trust created by section 475.092, 475.093, or 511.030, or 42 U.S.C. Section 1396p(d)(4), a trust is created only if:  (1) the settlor has capacity to create a trust;  (2) the settlor indicates an intention to create the trust;  (3) the trust has a definite beneficiary or is:  (a) a charitable trust;  (b) a trust for the care of an animal, as provided in section 456.4-408; or  (c) a trust for a noncharitable purpose, as provided in section 456.4-409;  (4) the trustee has duties to perform; and  (5) the same person is not the sole trustee and sole beneficiary.  2. A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.  3. 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. ­­-------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892)
MO Rev Stat § 456.4-403 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.4-403 - Trusts created in other jurisdictions.

Effective - 01 Jan 2005   456.4-403. 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. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.4-404 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.4-404 - Trust purposes.

Effective - 01 Jan 2005   456.4-404. 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. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.4-405 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.4-405 - Charitable purposes — enforcement.

Effective - 01 Jan 2005   456.4-405. Charitable purposes — enforcement. — 1. 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.  2. If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor's intention to the extent it can be ascertained.  3. The settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.4-406 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.4-406 - Creation of trust induced by fraud, duress, or undue influence.

Effective - 01 Jan 2005   456.4-406. 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. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.4-407 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.4-407 - Evidence of oral trust.

Effective - 01 Jan 2005   456.4-407. Evidence of oral trust. — 1. Except as provided in subsection 2 of this section, 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.  2. Other than for a conveyance by which a trust may arise or result by the implication or construction of law, all declarations or creations of trust of any lands, tenements or hereditaments shall be manifested and proved by some writing signed by the party who is, or shall be, by law, enabled to declare such trusts, or by the party's last will, in writing, or else they shall be void. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.4-408 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.4-408 - Trust for care of animal.

Effective - 01 Jan 2005   456.4-408. Trust for care of animal. — 1. 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 animal alive during the settlor's lifetime, upon the death of the last surviving animal.  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 the 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.  3. Property of a trust authorized by this section may be applied only to its intended use, except to the extent the 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. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.4-409 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.4-409 - Noncharitable trust without ascertainable beneficiary.

Effective - 01 Jan 2005   456.4-409. Noncharitable trust without ascertainable beneficiary. — Except as otherwise provided in section 456.4-408 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 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 the court.  (3) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the 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. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.4-410 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.4-410 - Modification or termination of trust — proceedings for approval or disapproval.

Effective - 01 Jan 2005   456.4-410. Modification or termination of trust — proceedings for approval or disapproval. — 1. In addition to the methods of termination prescribed by sections 456.4-411A to 456.4-414, 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.  2. A proceeding to approve or disapprove a proposed modification or termination under sections 456.4-411A to 456.4-416, or trust combination or division under section 456.4-417, may be commenced by a trustee or beneficiary, and a proceeding to approve or disapprove a proposed modification or termination under section 456.4-411A may be commenced by the settlor. The settlor of a charitable trust may maintain a proceeding to modify the trust under section 456.4-413. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.4-411A (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.4-411A - Modification or termination of noncharitable irrevocable trust by consent, exceptions.

Effective - 28 Aug 2016   456.4-411A. Modification or termination of noncharitable irrevocable trust by consent, exceptions. — 1. Except for a trust established by a court under section 475.092, 475.093, 511.030, or 42 U.S.C. Section 1396p(d)(4), a noncharitable irrevocable trust may be modified or terminated upon consent of the settlor and all beneficiaries, without court approval, 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 termination or modification 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 conservator ad litem with the approval of the court if an agent is not so authorized and a conservator has not been appointed.  2. Upon termination of a trust under subsection 1 of this section, the trustee shall distribute the trust property as agreed by the beneficiaries.  3. If not all of the beneficiaries consent to a proposed modification or termination of the trust under subsection 1 of this section, 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 subsection 1 of this section; and  (2) the interests of a beneficiary who does not consent will be adequately protected. ­­-------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892)  Transferred 2016; formerly § 456.4A-411.
MO Rev Stat § 456.4-411B (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.4-411B - Modification or termination of noncharitable irrevocable trust by consent — applicability.

Effective - 28 Aug 2016, 2 histories   456.4-411B. Modification or termination of noncharitable irrevocable trust by consent — applicability. — 1. When all of the adult beneficiaries having the capacity to contract consent, the court may, upon finding that the interest of any nonconsenting beneficiary will be adequately protected, modify the terms of a noncharitable irrevocable trust so as to reduce or eliminate the interests of some beneficiaries and increase those of others, change the times or amounts of payments and distributions to beneficiaries, or provide for termination of the trust at a time earlier or later than that specified by its terms. The court may at any time upon its own motion appoint a representative pursuant to section 456.3-305 to represent a nonconsenting beneficiary. The court shall appoint such a representative upon the motion of any party, unless the court determines such an appointment is not appropriate under the circumstances.  2. Upon termination of a trust under subsection 1 of this section, the trustee shall distribute the trust property as directed by the court.  3. If a trust cannot be terminated or modified under subsection 1 of this section because not all adult beneficiaries having capacity to contract consent or the terms of the trust prevent such modification or termination, the modification or termination may be approved by the court if the court is satisfied that the interests of a beneficiary, other than the settlor, who does not consent will be adequately protected, modification or termination will benefit a living settlor who is also a beneficiary, and:  (1) in the case of a termination, the party seeking termination establishes that continuance of the trust is not necessary to achieve any material purpose of the trust; or  (2) in the case of a modification, the party seeking modification establishes that the modification is not inconsistent with a material purpose of the trust, and the modification is not specifically prohibited by the terms of the trust.  4. This section shall replace the provisions of section 456.590* and shall apply to all trusts that were created under trust instruments that become irrevocable prior to, on, or after January 1, 2005. ­­-------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892, A.L. 2016 H.B. 1765 § 456.4B-411)  *Section 456.590 was repealed by H.B. 1765, 2016.  Transferred 2016; formerly § 456.4B-411
MO Rev Stat § 456.4-412 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.4-412 - Modification or termination because of unanticipated circumstances or inability to administer trust effectively.

Effective - 01 Jan 2005   456.4-412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively. — 1. The court may modify the 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.  2. The court may modify the management or administrative terms of a trust if modification will further the purposes of the trust.  3. 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. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.4-413 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.4-413 - Cy pres.

Effective - 01 Jan 2005   456.4-413. Cy pres. — 1. Except as otherwise provided in subsection 2 of this section, 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.  2. 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 1 of this section 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 twenty-one years have elapsed since the date of the trust's creation. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.4-414 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.4-414 - Modification or termination of uneconomic trust.

Effective - 28 Aug 2018, 2 histories   456.4-414. Modification or termination of uneconomic trust. — 1. After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a total value less than two hundred fifty thousand dollars may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration.  2. 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.  3. 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.  4. This section does not apply to an easement for conservation or preservation. ­­-------- (L. 2004 H.B. 1511, A.L. 2018 H.B. 1250)
MO Rev Stat § 456.4-415 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.4-415 - Reformation to correct mistakes.

Effective - 01 Jan 2005   456.4-415. Reformation 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. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05