reglab/housing_qa huggingface dataset:
AL Code § 19-3B-903 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-903 - Diversification.

Section 19-3B-903Diversification. (a) A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying. (b) In the absence of an express provision to the contrary in the terms of the trust, a trustee without liability, may continue to hold property received into the trust at its inception or subsequently added to it or acquired pursuant to proper authority if and so long as the trustee, in the exercise of good faith and of reasonable prudence, considers the retention to be in the best interest of the trust or in furtherance of the purposes of the trust. The property shall include any successor-in-interest to the original property. The property may also include, among other things, stock in the trustee if a corporation and stock in any corporation controlling, controlled by, or under common control with the trustee. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-904 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-904 - Duties at Inception of Trusteeship.

Section 19-3B-904Duties at inception of trusteeship. Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning the retention and disposition of assets, in order to bring the trust portfolio into compliance with the purposes, terms, distribution requirements, and other circumstances of the trust, and with the requirements of this chapter. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-905 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-905 - Reviewing Compliance.

Section 19-3B-905Reviewing compliance. Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight. The prudent investor rule does not guarantee a specific outcome or performance, but is a standard of conduct. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-906 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-906 - Language Invoking Standard of Prudent Investor Rule.

Section 19-3B-906Language invoking standard of prudent investor rule. The following terms or comparable language in the terms of a trust, unless otherwise limited or modified, authorizes any investment or strategy permitted under this chapter: "investments permissible by law for investment of trust funds," "legal investments," "authorized investments," "using the judgment and care under the circumstances then prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital," "prudent man rule," "prudent trustee rule," "prudent person rule," and "prudent investor rule." (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-1001 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-1001 - Remedies for Breach of Trust.

Section 19-3B-1001Remedies for breach of trust. (a) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. (b) To remedy a breach of trust that has occurred or may occur, the court may: (1) compel the trustee to perform the trustee's duties; (2) enjoin the trustee from committing a breach of trust; (3) compel the trustee to redress a breach of trust by paying money, restoring property, or other means; (4) order a trustee to account; (5) appoint a special fiduciary to take possession of the trust property and administer the trust; (6) suspend the trustee; (7) remove the trustee as provided in Section 19-3B-706; (8) reduce or deny compensation to the trustee; (9) subject to Section 19-3B-1012, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or  (10) order any other appropriate relief. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-1002 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-1002 - Damages for Breach of Trust.

Section 19-3B-1002Damages for breach of trust. (a) A trustee who commits a breach of trust is liable to the beneficiaries affected for: (1) the greater of: (i) the amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or (ii) the profit the trustee made by reason of the breach; (2) any measure of damage otherwise provided by law. (b) Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-1003 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-1003 - Damages in Absence of Breach.

Section 19-3B-1003Damages in absence of breach. (a) A trustee is accountable to an affected beneficiary for any profit made by the trustee arising from the administration of the trust, even absent a breach of trust. (b) Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-1005 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-1005 - Limitation of Action Against Trustee.

Section 19-3B-1005Limitation of action against trustee. (a) A beneficiary may not commence a proceeding against a trustee for breach of trust more than two years after the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust. For purposes of this section, a report is an account statement or other form of written disclosure made by the trustee to the beneficiary. (b) A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence. (c) If subsection (a) does not apply, then a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within two years after the first to occur of the following: (1) The removal, resignation, or death of the trustee; (2) The termination of the beneficiary's interest in the trust; or (3) The termination of the trust. (Act 2006-216, p. 314, §1; Act 2021-384, §1.)
AL Code § 19-3B-1006 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-1006 - Reliance on Trust Instrument.

Section 19-3B-1006Reliance on trust instrument. A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-1007 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-1007 - Event Affecting Administration or Distribution.

Section 19-3B-1007Event affecting administration or distribution. If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, then a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee's lack of knowledge. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-1008 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-1008 - Exculpation of Trustee.

Section 19-3B-1008Exculpation of trustee. (a) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it: (1) relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or (2) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor. (b) Except for terms intended to provide protection for carrying out a stated trust purpose, an exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-1009 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-1009 - Beneficiary's Consent, Release, or Ratification.

Section 19-3B-1009Beneficiary's consent, release, or ratification.  A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless: (1) the consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or (2) at the time of the consent, release, or ratification, the beneficiary did not know of the material facts relating to the alleged breach and the trustee had actual knowledge of the facts relating to the alleged breach. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-1010 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-1010 - Limitation on Personal Liability of Trustee.

Section 19-3B-1010Limitation on personal liability of trustee.  (a) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity. (b) A trustee is personally liable for torts committed in the course of administering a trust, or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, but only if the trustee, the trustee's employee, or the trustee's agent is personally at fault. (c) A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-1011 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-1011 - Interest as General Partner.

Section 19-3B-1011Interest as general partner. (a) Except as otherwise provided in subsection (c) or unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed pursuant to Chapter 8A or Chapter 9B of Title 10. (b) Except as otherwise provided in subsection (c), a trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault. (c) The immunity provided by this section does not apply if an interest in the partnership is held by the trustee in a capacity other than that of trustee or is held by the trustee's spouse or one or more of the trustee's descendants, siblings, or parents, or the spouse of any of them. (d) If the trustee of a revocable trust holds an interest as a general partner, then the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-1012 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-1012 - Protection of Person Dealing With Trustee.

Section 19-3B-1012Protection of person dealing with trustee.  (a) A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power. (b) A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise. (c) A person who in good faith delivers assets to a trustee need not ensure their proper application. (d) A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee. (e) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-1013 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-1013 - Certification of Trust.

Section 19-3B-1013Certification of trust. (a) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information: (1) that the trust exists and the date the trust instrument was executed; (2) the identity of the settlor; (3) the identity and address of the currently acting trustee; (4) the powers of the trustee in a pending transaction or relevant to the request; (5) the revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust; (6) the authority of co-trustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee; (7) the trust's taxpayer identification number; and (8) the name in which title to trust property may be taken.  (b) A certification of trust may be signed or otherwise authenticated by any trustee. (c) A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect. (d) A certification of trust need not contain the dispositive terms of a trust. (e) A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments which designate the trustee and confer upon the trustee the power to act in the pending transaction. (f) A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification. (g) A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct. (h) A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument. (i) This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-1101 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-1101 - Protection of Special Needs Trusts and Other Similar Trusts for Disabled Persons.

Section 19-3B-1101Protection of special needs trusts and other similar trusts for disabled persons. Notwithstanding the provisions of this chapter that may otherwise be applicable to a trust, no provision thereof shall apply to any special needs trust, supplemental needs trust, or other similar trust established for a person with a disability as a beneficiary, including without limitation, any trust established pursuant to the provisions of 42 U.S.C. § 1396p(d)(4)A or C, as amended from time to time, or other similar federal or state statute, to the extent that such provision would disqualify such trust beneficiary at any time from eligibility for public needs-based assistance benefits for which the beneficiary would otherwise qualify. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-1201 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-1201 - Uniformity of Application and Construction.

Section 19-3B-1201Uniformity of application and construction.  In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-1202 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-1202 - Electronic Records and Signatures.

Section 19-3B-1202Electronic records and signatures. The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7002) and supersede, modify, and limit the requirements of the Electronic Signatures in Global and National Commerce Act. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-1203 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-1203 - Severability Clause.

Section 19-3B-1203Severability clause. If any provision of this chapter or its application to any person or circumstances is held invalid, then the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-1204 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-1204 - Application to Existing Relationships.

Section 19-3B-1204Application to existing relationships. (a) Except as otherwise provided in this chapter, on January 1, 2007: (1) this chapter applies to all trusts created before, on, or after January 1, 2007; (2) this chapter applies to all judicial proceedings concerning trusts commenced on or after January 1, 2007; (3) this chapter applies to judicial proceedings concerning trusts commenced before January 1, 2007, unless the court finds that application of a particular provision of this chapter would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this chapter does not apply and the superseded law applies; (4) any rule of construction or presumption provided in this chapter applies to trust instruments executed before January 1, 2007, unless there is a clear indication of a contrary intent in the terms of the trust; and (5) an act done before January 1, 2007, is not affected by this chapter. (b) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before January 1, 2007, then that statute continues to apply to the right even if it has been repealed or superseded. (Act 2006-216, p. 314, §1.)
AL Code § 19-3B-1301 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-1301 - Trust Concerning Lands Required to Be in Writing.

Section 19-3B-1301Trust concerning lands required to be in writing. No trust concerning lands, except such as results by implication or construction of law, or which may be transferred or extinguished by operation of law, can be created, unless by instrument in writing, signed by the party creating or declaring the same, or his or her agent or attorney lawfully authorized thereto in writing. (Code 1852, §1320; Code 1867, §1590; Code 1876, §2199; Code 1886, §1845; Code 1896, §1041; Code 1907, §3412; Code 1923, §6917; Code 1940, T. 47, §149; §35-4-255; Act 2006-216, p. 314, §2.)
AL Code § 19-3B-1302 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-1302 - Trust Void as to Creditors or Purchasers Without Notice.

Section 19-3B-1302Trust void as to creditors or purchasers without notice. No such trusts, whether implied by law or created or declared by the parties, can defeat the title of creditors or purchasers for a valuable consideration without notice. (Code 1852, §1321; Code 1867, §1591; Code 1876, §2200; Code 1886, §1846; Code 1896, §1042; Code 1907, §3413; Code 1923, §6918; Code 1940, T. 47, §150; §35-4-256; Act 2006-216, p. 314, §2.)
AL Code § 19-3B-1303 (2021)
2021 Code of Alabama|Title 19 - Fiduciaries and Trusts.|Chapter 3B - Alabama Uniform Trust Code.|Section 19-3B-1303 - Trust Estate Not Descendible Upon Death of Trustee.

Section 19-3B-1303Trust estate not descendible upon death of trustee. Upon the death of a sole or surviving trustee of an express trust, the trust estate does not descend to his or her heirs or pass to his or her personal representatives. (Code 1852, §1323; Code 1867, §1593; Code 1876, §2202; Code 1886, §1848; Code 1896, §1044; Code 1907, §3415; Code 1923, §6920; Code 1940, T. 47, §152; §35-4-258; Act 2006-216, p. 314, §2.)