reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3A - Alabama Principal and Income Act. › Article 6 - Miscellaneous Provisions. › Section 19-3A-605 - Consent of Beneficiaries.

Section 19-3A-605
Consent of beneficiaries.
A fiduciary may at any time obtain the written consent of all of the current income beneficiaries and presumptive remainder beneficiaries of a trust or decedent's estate as to the fiduciary's exercise of any discretion granted under this chapter, including the application of the chapter to pre-existing trusts or decedent's estates, and such written consent shall conclusively bind all persons who may have any interest in the affected trust or decedent's estate, including all contingent remainder beneficiaries and potential appointees of the affected trust or decedent's estate.
(Act 2000-675, p. 1343, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3A - Alabama Principal and Income Act. › Article 6 - Miscellaneous Provisions. › Section 19-3A-606 - Applicability to Tenant and Remainder Interests.

Section 19-3A-606
Applicability to tenant and remainder interests.
This chapter shall govern the ascertainment of income and principal, and the apportionment of receipts and disbursements between tenant and remainderman, in all cases where a principal has been established with or, unless otherwise stated in this chapter, without the interposition of a trust; except that in the establishment of the principal, provision may be made touching all matters covered by this chapter, and the person establishing the principal may direct the manner of ascertainment of income and principal and the apportionment of receipts and disbursements or grant discretion to the trustee or other person to do so, and such provision and direction, where not otherwise contrary to law, shall control notwithstanding this chapter. This section is intended to be declarative of the law of Alabama from the time of enactment of the Alabama Principal and Income Act pursuant to this chapter.
(Act 2006-216, p. 314, §4.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3A - Alabama Principal and Income Act. › Article 6 - Miscellaneous Provisions. › Section 19-3A-607 - Applicability of Section 19-3a-409.

Section 19-3A-607
Applicability of Section 19-3A-409.
Section 19-3A-409, as amended by Act 2012-550, applies to a trust described in Section 19-3A-409(d) on and after the following dates:
(1) If the trust is not funded as of January 1, 2013, the date of the decedent's death.
(2) If the trust is initially funded in the calendar year beginning January 1, 2013, the date of the decedent's death.
(3) If the trust is not described in subdivision (1) or (2), January 1, 2013.
(Act 2012-550, p. 1624, §2.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3A - Alabama Principal and Income Act. › Article 6 - Miscellaneous Provisions. › Section 19-3A-608 - Application of Alabama Uniform Trust Code.

Section 19-3A-608
Application of Alabama Uniform Trust Code.
The provisions of the Alabama Uniform Trust Code apply to the Alabama Principal and Income Act, except to the extent the provisions are inconsistent with the provisions of this chapter.
(Act 2013-336, p. 1179, §2.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-102 - Scope.

Section 19-3B-102
Scope.
This chapter applies to express trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-104 - Knowledge.

Section 19-3B-104
Knowledge.
(a) Subject to subsection (b), a person has knowledge of a fact if the person:
(1) has actual knowledge of it;
(2) has received a notice or notification of it; or
(3) from all the facts and circumstances known to the person at the time in question, has reason to know it.
(b) An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-105 - Default and Mandatory Rules.

Section 19-3B-105
Default and mandatory rules.
(a) Except as otherwise provided in the terms of the trust, this chapter governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.
(b) The terms of a trust prevail over any provision of this chapter except:
(1) the requirements for creating a trust;
(2) the duty of a trustee to act in good faith and in accordance with the terms and purposes of the trust and the interest of the beneficiaries;
(3) the requirement that a trust and its terms be for the benefit of its beneficiaries, and that the trust have a purpose that is lawful, not contrary to public policy, and possible to achieve;
(4) the power of the court to modify or terminate a trust under Sections 19-3B-410 through 19-3B-416;
(5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in Article 5;
(6) the power of the court under Section 19-3B-702 to require, dispense with, or modify or terminate a bond;
(7) the power of the court under Section 19-3B-708(b) to adjust a trustee's compensation, as specified in the terms of the trust or by written agreement, which is unreasonably low or high;
(8) the duty under Section 19-3B-813(a)(2) to respond to the request of a qualified beneficiary of an irrevocable trust for trustee's reports and other information reasonably related to the administration of a trust;
(9) the effect of an exculpatory term under Section 19-3B-1008;
(10) the rights under Sections 19-3B-1010 through 19-3B-1013 of a person other than a trustee or beneficiary;
(11) periods of limitation for commencing a judicial proceeding;
(12) the power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice; and
(13) a proceeding as provided in Sections 19-3B-203 through 19-3B-205.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-106 - Common Law of Trusts; Principles of Equity.

Section 19-3B-106
Common law of trusts; principles of equity.
The common law of trusts and principles of equity supplement this chapter, except to the extent modified by this chapter or another statute of this state.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-107 - Governing Law.

Section 19-3B-107
Governing law.
The meaning and effect of the terms of a trust are determined by:
(1) the law of the jurisdiction designated in the terms unless the designation of that jurisdiction's law is contrary to a strong public policy of the jurisdiction having the most significant relationship to the matter at issue; or
(2) in the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-109 - Methods and Waiver of Notice.

Section 19-3B-109
Methods and waiver of notice.
(a) Notice to a person under this chapter or the transmission of information to a person under this chapter must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or information. Permissible methods of notice or for transmitting information include first-class mail, personal delivery, delivery to the person's last known place of residence or place of business, a properly directed electronic message, or any method otherwise provided by the Alabama Rules of Civil Procedure.
(b) Notice otherwise required under this chapter or information otherwise required to be sent under this chapter need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.
(c) Notice under this chapter or the transmission of information under this chapter may be waived by the person to be notified or sent the document.
(d) Notice of a judicial proceeding must be given as provided in the applicable rules of civil procedure.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-110 - Others Treated as Qualified Beneficiaries.

Section 19-3B-110
Others treated as qualified beneficiaries.
(a) Whenever notice to qualified beneficiaries of a trust is required under this chapter, the trustee must also give notice to any other beneficiary who has sent the trustee a request for notice.
(b) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under this chapter if the charitable organization, on the date of the charitable organization's qualification is being determined:
(1) is a distributee or a permissible distributee of trust income or principal;
(2) would be a distributee or permissible distributee of trust income or principal upon the termination of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or
(3) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.
(c) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in Section 19-3B-408 or 19-3B-409 has the rights of a qualified beneficiary under this chapter.
(d) The Attorney General of this state has the rights of a qualified beneficiary when the charitable interest to be represented would qualify under subsection (b) but no charitable organization has been expressly designated to receive distribution under the terms of a charitable trust.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-111 - Nonjudicial Settlement Agreements.

Section 19-3B-111
Nonjudicial settlement agreements.
(a) For purposes of this section, "interested persons" means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.
(b) Except as otherwise provided in subsection (c), interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.
(c) A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law.
(d) Matters that may be resolved by a nonjudicial settlement agreement include:
(1) the interpretation or construction of the terms of the trust;
(2) the approval of a trustee's report or accounting;
(3) direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;
(4) the resignation or appointment of a trustee and the determination of a trustee's compensation;
(5) transfer of a trust's principal place of administration;
(6) liability of a trustee for an action relating to the trust; and
(7) partial or final settlements.
(e) Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in Article 3 was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-112 - Rules of Construction.

Section 19-3B-112
Rules of construction.
Except as otherwise provided in this chapter, the rules of construction under Title 43, Chapter 8, Article 8, and the miscellaneous provisions of Article 9 that apply in this state to the interpretation of and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-201 - Role of Court in Administration of Trust.

Section 19-3B-201
Role of court in administration of trust.
(a) The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.
(b) A trust is not subject to continuing judicial supervision unless ordered by the court.
(c) A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including a request for instructions and an action to declare rights.
(d) A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including, but not being limited to a proceeding to:
(1) request instructions;
(2) determine the existence or nonexistence of any immunity, power, privilege, duty or right;
(3) approve a nonjudicial settlement;
(4) interpret or construe the terms of the trust;
(5) determine the validity of a trust or of any of its terms;
(6) approve a trustee's report or accounting or compel a trustee to report or account;
(7) direct a trustee to refrain from performing a particular act or grant to a trustee any necessary or desirable power;
(8) review the actions or approve the proposed actions of a trustee, including the exercise of a discretionary power;
(9) accept the resignation of a trustee;
(10) appoint or remove a trustee;
(11) determine a trustee's compensation;
(12) transfer a trust's principal place of administration or a trust's property to another jurisdiction;
(13) determine the liability of a trustee for an action relating to the trust and compel redress of a breach of trust by any available remedy;
(14) modify or terminate a trust;
(15) combine trusts or divide a trust;
(16) determine liability of a trust for debts of a beneficiary and living settlor;
(17) determine liability of a trust for debts, expenses of administration, and statutory allowances chargeable against the estate of a deceased settlor;
(18) determine the liability of a trust for claims, expenses and taxes in connection with the settlement of a trust that was revocable at the settlor's death; and
(19) ascertain beneficiaries and determine to whom property will pass upon final or partial termination of a trust.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-202 - Jurisdiction Over Trustee and Beneficiary.

Section 19-3B-202
Jurisdiction over trustee and beneficiary.
(a) A trustee submits personally to the jurisdiction of the courts of this state regarding any matter involving a trust:
(1) by accepting the trusteeship of a trust whose settlor was a resident of this state at the time of the trust's creation, or in the case of testamentary trusts, the settlor was a resident of this state at death;
(2) by accepting the trusteeship of a trust having its principal place of administration in this state; or
(3) by moving the principal place of administration of the trust to this state.
Notwithstanding the foregoing, subsection (a)(1) shall not apply if the settlor designates the law of a jurisdiction other than this state to govern the trust.
(b) With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this state are subject to the jurisdiction of the courts of this state regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.
(c) This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-203 - Subject Matter Jurisdiction.

Section 19-3B-203
Subject matter jurisdiction.
(a) Except as provided in subsection (b), the circuit court has exclusive jurisdiction of proceedings in this state brought by a trustee or beneficiary concerning the administration of a trust.
(b) A probate court granted statutory equitable jurisdiction has concurrent jurisdiction with the circuit court in any proceeding involving a testamentary or inter vivos trust.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-204 - Venue.

Section 19-3B-204
Venue.
(a) Except as otherwise provided in subsection (b), venue for actions and proceedings involving a trust is proper (i) in any county where venue is proper for civil actions generally, pursuant to Title 6, Chapter 3; (ii) in the county of this state where the trust has its principal place of administration; or (iii) in the case of a trust whose principal place of administration is in a jurisdiction other than this state, in the county where the settlor resided at the creation of the trust, or in the case of a testamentary trust, where the settlor's estate was administered.
(b) If a trust has no trustee, then venue for a judicial proceeding for the appointment of a trustee is in a county of this state in which a beneficiary resides, in a county in which any trust property is located, and if the trust is created by will, in the county in which the decedent's estate was or is being administered.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-205 - Judicial Accountings and Settlements.

Section 19-3B-205
Judicial accountings and settlements.
(a) 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.
(b) 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:
(1) The accounting must identify the trust, the trustee furnishing the accounting, and the time period covered by the accounting.
(2) 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.
(3) 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 values, (i) the asset acquisition value or carrying value, and (ii) the estimated current value, if feasible. The accounting must identify each known noncontingent liability with an estimated current amount of the liability if known.
(4) To the extent feasible, the accounting must show the significant non-cash transactions affecting the assets of the trust, including name changes in investment holdings, adjustments to carrying value, or stock splits.
(5) 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.
(c) 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.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-301 - Representation: Basic Effect.

Section 19-3B-301
Representation: Basic effect.
(a) 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.
(b) 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.
(c) Except as otherwise provided in Sections 19-3B-411 and 19-3B-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.
(d) A settlor may not represent and bind a beneficiary under this article with respect to the termination or modification of a trust under Section 19-3B-411(a).
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-302 - Representation by Holder of Power of Appointment.

Section 19-3B-302
Representation by holder of power of appointment.
(a) The holder of a lifetime power to appoint to oneself may represent and bind all persons whose interests are subject to the power, including but without limitation, permissible appointees and takers in default.
(b) To the extent that there is no conflict of interest between the holder of a power of appointment, other than a power enumerated in subsection (a), 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.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-303 - Representation by Fiduciaries and Ancestors.

Section 19-3B-303
Representation by fiduciaries and ancestors.
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 guardian may represent and bind the ward if a conservator of the ward's estate has not been appointed;
(3) an agent having authority to act with respect to the particular question or dispute may represent and bind the principal;
(4) a trustee may represent and bind the beneficiaries of the trust;
(5) a personal representative of a decedent's estate may represent and bind persons interested in the estate; and
(6) a parent or other direct ancestor may represent and bind the minor or unborn issue if a conservator or guardian for the issue has not been appointed.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-304 - Representation by Person Having Substantially Identical Interest.

Section 19-3B-304
Representation by person having substantially identical interest.
(a) 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.
(b) A presumptive remainder beneficiary may represent contingent successor remainder beneficiaries with respect to matters in which there is no conflict of interest.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-305 - Appointment of Representative.

Section 19-3B-305
Appointment of representative.
(a) If the court determines that an interest is not represented under this article, or that the otherwise available representation might be inadequate, then 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.
(b) 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.
(c) In making decisions, a guardian ad litem or other representative may consider general benefit accruing to the living members of the individual's family.
(d) A guardian ad litem or other representative may be appointed to represent several persons or interests.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-401 - Methods of Creating Trust.

Section 19-3B-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 in the exercise of its equitable powers.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-402 - Requirements for Creation.

Section 19-3B-402
Requirements for creation.
(a) 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 19-3B-408; or
(C) a trust for a noncharitable purpose, as provided in Section 19-3B-409;
(4) the trustee has duties to perform; and
(5) the same person is not the sole trustee and sole beneficiary.
(b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.
(c) 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, then 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.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-403 - Trusts Created in Other Jurisdictions.

Section 19-3B-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.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-404 - Trust Purposes.

Section 19-3B-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.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-405 - Charitable Purposes; Enforcement.

Section 19-3B-405
Charitable purposes; enforcement.
(a) 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.
(b) If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, then 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.
(c) The settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-406 - Creation of Trust Induced by Fraud, Duress, or Undue Influence.

Section 19-3B-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.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-407 - Evidence of Oral Trust.

Section 19-3B-407
Evidence of oral trust.
Except as required by a statute other than this chapter, 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.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-408 - Trust for Care of Animal.

Section 19-3B-408
Trust for care of animal.
(a) 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.
(b) 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.
(c) 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.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-409 - Noncharitable Trust Without Ascertainable Beneficiary.

Section 19-3B-409
Noncharitable trust without ascertainable beneficiary.
Except as otherwise provided in Section 19-3B-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 21 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.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-410 - Modification or Termination of Trust; Proceedings for Approval or Disapproval.

Section 19-3B-410
Modification or termination of trust; proceedings for approval or disapproval.
(a) In addition to the methods of termination prescribed by Sections 19-3B-411 through 19-3B-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.
(b) A proceeding to approve or disapprove a proposed modification or termination under Sections 19-3B-411 through 19-3B-416, or trust combination or division under Section 19-3B-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 19-3B-413.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-411 - Modification or Termination of Noncharitable Irrevocable Trust by Consent.

Section 19-3B-411
Modification or termination of noncharitable irrevocable trust by consent.
(a) If, upon petition, the court finds that the settlor and all beneficiaries consent to the modification or termination of an irrevocable trust, the court shall enter an order approving the modification or termination even if the modification or termination is inconsistent with a material purpose of the trust. A settlor's power to consent to a trust's modification or termination may be exercised by an agent under a power of attorney only to the extent expressly authorized by the power of attorney or the terms of the trust; by the settlor's conservator with the approval of the court supervising the conservatorship if an agent is not so authorized; or by the settlor's guardian with the approval of the court supervising the guardianship if an agent is not so authorized and a conservator has not been appointed.
(b) A noncharitable irrevocable trust may be terminated upon consent of all of the beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. A noncharitable irrevocable trust may be modified upon consent of all of the beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust.
(c) A spendthrift provision in the terms of the trust is not presumed to constitute a material purpose of the trust. This subsection applies only to irrevocable trusts created on or after January 1, 2007, and to revocable trusts which become irrevocable on or after January 1, 2007.
(d) Upon termination of a trust under subsection (a) or (b), the trustee shall distribute the trust property as agreed by the beneficiaries.
(e) If not all of the beneficiaries consent to a proposed modification or termination of the trust under subsection (a) or (b), then the modification or termination may be approved by the court if the court is satisfied that:
(1) if all of the beneficiaries had consented, the trust could have been modified or terminated under this section; and
(2) the interests of a beneficiary who does not consent will be adequately protected.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-412 - Modification or Termination Because of Unanticipated Circumstances or Inability to Administer Trust Effectively.

Section 19-3B-412
Modification or termination because of unanticipated circumstances or inability to administer trust effectively.
(a) The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.
(b) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration.
(c) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-413 - Cy Pres.

Section 19-3B-413
Cy pres.
(a) Except as otherwise provided in subsection (b), if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful:
(1) the trust does not fail, in whole or in part;
(2) the trust property does not revert to the settlor or the settlor's successors in interest; and
(3) the court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes.
(b) A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under subsection (a) to apply cy pres to modify or terminate the trust only if, when the provision takes effect:
(1) the trust property is to revert to the settlor and the settlor is still living; or
(2) fewer than 21 years have elapsed since the date of the trust's creation.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-414 - Modification or Termination of Uneconomic Trust.

Section 19-3B-414
Modification or termination of uneconomic trust.
(a) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a total value less than $50,000 may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration.
(b) The court may modify or terminate a trust or remove the trustee and appoint a different trustee if it determines that the value of the trust property is insufficient to justify the cost of administration.
(c) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.
(d) This section does not apply to an easement for conservation or preservation.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-415 - Reformation to Correct Mistakes.

Section 19-3B-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.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-416 - Modification to Achieve Settlor's Tax Objectives.

Section 19-3B-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.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-417 - Combination and Division of Trusts.

Section 19-3B-417
Combination and division of trusts.
After notice to the qualified beneficiaries, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts, if the result does not impair rights of any beneficiary or adversely affect achievement of the purposes of the trust.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-501 - Rights of Beneficiary's Creditor or Assignee.

Section 19-3B-501
Rights of beneficiary's creditor or assignee.
To the extent a beneficiary's interest is not subject to a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's interest by attachment of present or future distributions to or for the benefit of the beneficiary or other means. The court may limit the award to such relief as is appropriate under the circumstances.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-502 - Spendthrift Provision.

Section 19-3B-502
Spendthrift provision.
(a) A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest.
(b) A term of a trust providing that the interest of a beneficiary is held subject to a "spendthrift trust," or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary's interest.
(c) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in this article, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before its receipt by the beneficiary.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-503 - Exceptions to Spendthrift Provision.

Section 19-3B-503
Exceptions to spendthrift provision.
(a) In this section, "child" includes any person for whom an order or judgment for child support has been entered in this or another state.
(b) A spendthrift provision is unenforceable against:
(1) a beneficiary's child, spouse, or former spouse who has a judgment or court order against the beneficiary for support or maintenance;
(2) a judgment creditor who has provided services for the protection of a beneficiary's interest in the trust; and
(3) a claim of this state or the United States to the extent a statute of this state or federal law so provides.
(c) A claimant against whom a spendthrift provision cannot be enforced may obtain from a court an order attaching present or future distributions to or for the benefit of the beneficiary. The court may limit the award to such relief as is appropriate under the circumstances.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-504 - Discretionary Trusts; Effect of Standard.

Section 19-3B-504
Discretionary trusts; effect of standard.
(a) In this section, the terms "child", "spouse", or "former spouse" include any person for whom an order or judgment for child or spousal support has been entered in this or another state.
(b) Except as otherwise provided in subsection (c), whether or not a trust contains a spendthrift provision, a creditor of a beneficiary may not compel a distribution that is subject to the trustee's discretion, even if:
(1) the discretion is expressed in the form of a standard of distribution; or
(2) the trustee has abused the discretion.
(c) To the extent a trustee has not complied with a standard of distribution or has abused a discretion:
(1) a distribution may be ordered by the court to satisfy a judgment or court order against the beneficiary for support or maintenance of the beneficiary's child, spouse, or former spouse; and
(2) the court shall direct the trustee to pay to the child, spouse, or former spouse such amount as is equitable under the circumstances but not more than the amount the trustee would have been required to distribute to or for the benefit of the beneficiary had the trustee complied with the standard or not abused the discretion.
(d) This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution.
(e) A creditor may not reach the interest of a beneficiary who is also a trustee or co-trustee, or otherwise compel a distribution, if the trustee's discretion to make distributions for the trustee's own benefit is limited by an ascertainable standard.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-506 - Overdue Distribution.

Section 19-3B-506
Overdue distribution.
(a) In this section, "mandatory distribution" means a distribution of income or principal that the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust. The term excludes a distribution subject to the exercise of the trustee's discretion regardless of whether the terms of the trust (i) include a support or other standard to guide the trustee in making distribution decisions or (ii) provide that the trustee "may" or "shall" make discretionary distributions, including distributions pursuant to a support or other standard.
(b) Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may compel a mandatory distribution of income or principal to a beneficiary, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the mandated distribution date.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-507 - Personal Obligations of Trustee.

Section 19-3B-507
Personal obligations of trustee.
Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt.
(Act 2006-216, p. 314, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-601 - Capacity of Settlor of Revocable Trust.

Section 19-3B-601
Capacity of settlor of revocable trust.
The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.
(Act 2006-216, p. 314, §1.)