reglab/housing_qa huggingface dataset:
MS Code § 91-8-205 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 2 - Judicial Proceedings|§ 91-8-205. Judicial accountings and settlements

 A trustee may file an accounting of the trustee's administration of a trust in court at any time and seek a partial or final settlement thereof or, upon petition of an interested party, a court may order a trustee to render an accounting of the trustee's administration of a trust and require a partial or final settlement thereof. Notice of such judicial proceeding shall be provided to the trustee and each beneficiary, or representative thereof pursuant to Article 3, as provided by the applicable rules of civil procedure.   A trust accounting must be a reasonably understandable report from the date of the last accounting or, if none, from the date upon which the trustee became accountable, or other such date the court may set, which provides reasonable detail of the transactions affecting the administration of the trust, and which adequately discloses the following information:    The accounting must identify the trust, the trustee furnishing the accounting, and the time period covered by the accounting.   The accounting must show all receipts and disbursements occurring during the accounting period. Gains and losses realized during the accounting period must also be shown.   The accounting, to the extent feasible, must identify and value trust assets on hand at the close of the accounting period. For each asset or class of assets reasonably capable of valuation, the accounting shall contain two (2) values, (A) the asset acquisition value or carrying value, and (B) the estimated current value, if feasible. The accounting must identify each known noncontingent liability with an estimated current amount of the liability if known.   To the extent feasible, the accounting must show the significant noncash transactions affecting the assets of the trust, including name changes in investment holdings, adjustments to carrying value, or stock splits.   The accounting must reflect the allocation of receipts and disbursements between income and principal when the allocation affects the interest of any beneficiary of the trust.    Any order or judgment of the court on such accounting and partial or final settlement shall be final and conclusive as to all matters occurring during the accounting period, and appeals therefrom shall and must be taken in the manner provided for from any other final judgment of the court.
MS Code § 91-8-301 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 3 - Representation|§ 91-8-301. Representation: basic effect

 Notice to a person who may represent and bind another person under this article has the same effect as if notice were given directly to the other person.   The consent of a person who may represent and bind another person under this article is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.   Except as otherwise provided in Sections 91-8-411 and 91-8-602, a person who under this article may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.   A settlor may not represent and bind a beneficiary under this article with respect to the termination or modification of a trust under Section 91-8-411(a).
MS Code § 91-8-302 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 3 - Representation|§ 91-8-302. Representation by holder of power of appointment

 To the extent there is no material conflict of interest between the holder of a power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power.
MS Code § 91-8-303 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 3 - Representation|§ 91-8-303. Representation by fiduciaries and parents

 To the extent there is no material conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:    A conservator or guardian may represent and bind the estate that the conservator or guardian controls;   A conservator or guardian may represent and bind the ward if a conservator or guardian of the ward's estate has not been appointed;   An agent having authority to act with respect to the particular question or dispute may represent and bind the principal;   A trustee may represent and bind the beneficiaries of the trust;   A personal representative of a decedent's estate may represent and bind persons interested in the estate;   A parent may represent and bind the person's minor or unborn child if a conservator or guardian for the descendant has not been appointed;   A grandparent may represent the grandparent's grandchild if that grandchild is not already represented by a parent under paragraph (6);   A person designated by the settlor either in the trust instrument or in a writing delivered to the trustee, or designated in a writing delivered to the trustee by a trust protector or trust advisor with power under the terms of the trust instrument to represent the beneficiaries of the trust, may represent and bind the beneficiaries; and   Any person acting in a fiduciary capacity shall exercise all rights and powers granted to a fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Acts created under Chapter 23, Title 91.
MS Code § 91-8-304 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 3 - Representation|§ 91-8-304. Representation by person having substantially identical interest

 Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no material conflict of interest between the representative and the person represented.   Unless otherwise represented, whenever survivorship of another person is an express or implied condition of receiving property from a trust, the successor contingent remainder beneficiary may be represented and bound by the presumptive remainder beneficiary upon whose death the rights of the successor contingent remainder beneficiary depend, but only to the extent there is no material conflict of interest between the presumptive remainder beneficiary and the successor contingent remainder beneficiary.
MS Code § 91-8-305 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 3 - Representation|§ 91-8-305. Appointment of representative

 If the court determines that an interest is not represented under this article, or that the otherwise available representation might be inadequate, the court may appoint a guardian ad litem or other 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 guardian ad litem or other representative may be appointed to represent several persons or interests.   A guardian ad litem or other representative may act on behalf of the individual represented with respect to any matter arising under this chapter, whether or not a judicial proceeding concerning the trust is pending.   In making decisions, a guardian ad litem or other representative may consider general benefit accruing to the living members of the individual's family.
MS Code § 91-8-401 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 4 - Creation, validity, modification, and termination of trust|§ 91-8-401. Methods of creating trust

 A trust may be created by:    Transfer of property to another person as trustee or a transfer in the name of the trust during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death;   Declaration by the owner of property that the owner holds identifiable property as trustee;   Exercise of a power of appointment in favor of a trustee;   A court pursuant to its statutory or equitable powers; or   By an agent or attorney-in-fact under a power of attorney that:    Expressly grants authority to create the trust; or   Grants the agent or attorney-in-fact the authority to act in the management and disposition of the principal's property that is as broad or comprehensive as the principal could exercise for himself or herself and that does not expressly exclude the authority to create a trust. An agent or attorney-in-fact may file a petition for the court to determine whether a power of attorney described in this section grants the agent or attorney-in-fact authority that is as broad or comprehensive as that which the principal could exercise for himself or herself.
MS Code § 91-8-402 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 4 - Creation, validity, modification, and termination of trust|§ 91-8-402. Requirements for creation

 A trust is created only if:    The settlor has capacity to create a trust;   The settlor indicates an intention to create the trust;   The trust has a definite beneficiary or is:   The trustee has duties to perform; and   The same person is not the sole trustee and sole beneficiary.    A charitable trust;   A trust for the care of an animal, as provided in Section 91-8-408; or   A trust for a noncharitable purpose, as provided in Section 91-8-409;   A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.   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.   A settlor is deemed to have the capacity to create a trust if:   The trust is created by an agent of the settlor under a power of attorney as described in Section 91-8-401(5); and   The settlor had capacity to create a trust at the time the power of attorney was executed.
MS Code § 91-8-403 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 4 - Creation, validity, modification, and termination of trust|§ 91-8-403. 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:    The settlor was domiciled, had a place of abode, or was a national;   A trustee was domiciled or had a place of business; or   Any trust property was located.
MS Code § 91-8-404 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 4 - Creation, validity, modification, and termination of trust|§ 91-8-404. Trust purposes

 A trust may be created only to the extent its purposes are lawful and possible to achieve. A trust and its terms must be for the benefit of its beneficiaries as the interests of such beneficiaries are defined under the terms of the trust.
MS Code § 91-8-405 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 4 - Creation, validity, modification, and termination of trust|§ 91-8-405. Charitable purposes; enforcement

 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.   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.   The settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust.
MS Code § 91-8-406 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 4 - Creation, validity, modification, and termination of trust|§ 91-8-406. 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.
MS Code § 91-8-408 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 4 - Creation, validity, modification, and termination of trust|§ 91-8-408. Trust for care of animal

 A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one (1) animal alive during the settlor's lifetime, upon the death of the last surviving animal.   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. In addition, a person having a demonstrated 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.   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.
MS Code § 91-8-409 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 4 - Creation, validity, modification, and termination of trust|§ 91-8-409. Noncharitable trust without ascertainable beneficiary

 Except as otherwise provided in Section 91-8-408, Section 41-43-51 or by another statute, the following rules apply:    A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be enforced for more than twenty-one (21) years;   A trust authorized by this section may be enforced by a person appointed under the terms of the trust, or if no person is so appointed, by a person appointed by the court.   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.
MS Code § 91-8-410 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 4 - Creation, validity, modification, and termination of trust|§ 91-8-410. Modification or termination of trust; proceedings for approval or disapproval

 In addition to the methods of termination prescribed by Sections 91-8-411 through 91-8-414, 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 or impossible to achieve.   A proceeding to approve or disapprove a proposed modification or termination under Sections 91-8-411 through 91-8-416, or trust combination or division under Section 91-8-417, may be commenced by a trustee or beneficiary. The settlor of a charitable trust may maintain a proceeding to modify the trust under Section 91-8-413.   Nothing in this section or this chapter is intended to create or imply a duty for a trustee to make or seek approval of a modification, termination, combination or division, and a trustee is not liable for not making or seeking approval of a modification, termination, combination or division.
MS Code § 91-8-411 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 4 - Creation, validity, modification, and termination of trust|§ 91-8-411. Modification or termination of noncharitable irrevocable trust by consent

 During the settlor's lifetime, a noncharitable irrevocable trust may be modified or terminated by the trustee upon consent of all qualified beneficiaries, even if the modification or termination is inconsistent with a material purpose of the trust if the settlor does not object to the proposed modification or termination. The trustee shall notify the settlor of the proposed modification or termination not less than sixty (60) days before initiating the modification or termination. The notice of modification or termination must include:    An explanation of the reasons for the proposed modification or termination;   The date on which the proposed modification or termination is anticipated to occur; and   The date, not less than sixty (60) days after the giving of notice, by which the settlor must notify the trustee of an objection to the proposed modification or termination.    Following the settlor's death, a noncharitable irrevocable trust may be terminated upon consent of all of the qualified 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 qualified beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust.   Upon termination of a trust under subsection (a) or (b), the trustee shall distribute the trust property as agreed by the qualified beneficiaries.   If not all of the qualified beneficiaries consent to a proposed modification or termination of the trust under subsection (a) or (b), the modification or termination may be approved by the court if the court is satisfied that:   If all of the qualified beneficiaries had consented, the trust could have been modified or terminated under this section; and   The interests of a qualified beneficiary who does not consent will be adequately protected.   Solely for purposes of this section, the term "noncharitable irrevocable trust" refers to a trust that is not revocable by the settlor with respect to which:   No federal or state income, gift, estate or inheritance tax charitable deduction was allowed upon transfers to the trust; and   The value of all interests in the trust owned by charitable organizations does not exceed five percent (5%) of the value of the trust.   Notwithstanding subsection (a), the trustee may seek court approval of a modification or termination.
MS Code § 91-8-412 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 4 - Creation, validity, modification, and termination of trust|§ 91-8-412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively

 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.   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.   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.
MS Code § 91-8-413 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 4 - Creation, validity, modification, and termination of trust|§ 91-8-413. Cy pres

 Except as otherwise provided in subsection (b), if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, obsolete or ineffective:    The trust does not fail, in whole or in part;   The trust property does not revert to the settlor or the settlor's successors in interest; and   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 that fulfills as nearly as possible the settlor's charitable intent and purposes.    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:   The trust property is to revert to the settlor and the settlor is still living; or   Fewer than twenty-one (21) years have elapsed since the date of the trust's creation.
MS Code § 91-8-414 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 4 - Creation, validity, modification, and termination of trust|§ 91-8-414. Modification or termination of uneconomic trust

 After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a total value less than One Hundred Fifty Thousand Dollars ($150,000.00) may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration.   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.   Upon termination of a trust under this section, the trustee shall distribute the trust property to or for the benefit of the beneficiaries, in such shares as the trustee, or the court in a court proceeding, determines, after taking into account the interests of income and remainder beneficiaries so as to conform as nearly as possible to the intention of the settlor, but a trust that qualified for the marital deduction for tax purposes shall only be distributed to the spouse of the settlor for whom the trust was created.   This section does not apply to an easement for conservation or preservation.   This section shall not limit the right of a trustee, acting alone, to terminate a trust in accordance with applicable provisions of the governing instrument.
MS Code § 91-8-415 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 4 - Creation, validity, modification, and termination of trust|§ 91-8-415. 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 what the settlor's intention was and that the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.
MS Code § 91-8-416 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 4 - Creation, validity, modification, and termination of trust|§ 91-8-416. Modification 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.