reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-1013 - Certification of Trust.

Section 19-3B-1013
Certification 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(c) A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.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.)
2023 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-1101
Protection 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.)
2023 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-1201
Uniformity 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.)
2023 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-1202
Electronic 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.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-1203 - Severability Clause.

Section 19-3B-1203
Severability 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.)
2023 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-1204
Application 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.)
2023 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-1301
Trust 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.)
2023 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-1302
Trust 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.)
2023 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-1303
Trust 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.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3B - Alabama Uniform Trust Code. › Section 19-3B-1305 - Trusts Consisting of Insurance Policies or Proceeds.

Section 19-3B-1305
Trusts consisting of insurance policies or proceeds.
Trusts consisting solely of policies of life, health, accident, or disability insurance, or of the proceeds or avails thereof, shall for the purpose of determining whether any law against perpetuities or suspension of the power of alienation of title to property is applicable thereto be regarded as created when the liability of the insurer accrues by reason of the occurrence of the event insured against, whether or not a power to revoke the trust as to the policies was reserved during the life of the insured and whether or not any beneficial interest in the policies is alienable by the beneficiaries and whether or not the beneficiary or beneficiaries were in being at the time of the creation of the trust.
(Acts 1949, No. 265, p. 389; §35-4-260; Act 2006-216, p. 314, §2.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3C - Alabama Uniform Prudent Management of Industrial Funds Act. › Section 19-3C-1 - Short Title.

Section 19-3C-1
Short title.
This chapter may be cited as the Alabama Uniform Prudent Management of Institutional Funds Act.
(Act 2008-276, p. 434, §2.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3C - Alabama Uniform Prudent Management of Industrial Funds Act. › Section 19-3C-2 - Definitions.

Section 19-3C-2
Definitions.
In this chapter:
(1) CHARITABLE PURPOSE means the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes the achievement of which is beneficial to the community.
(2) ENDOWMENT FUND means an institutional fund or part thereof that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. The term does not include assets that an institution designates as an endowment fund for its own use.
(3) GIFT INSTRUMENT means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund.
(4) INSTITUTION means:
(A) a person, other than an individual, organized and operated exclusively for charitable purposes;
(B) a government or governmental subdivision, agency, or instrumentality, to the extent that it holds funds exclusively for a charitable purpose; and
(C) a trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated.
The term institution shall not include any bank, trust company, or other regulated financial institution.
(5) INSTITUTIONAL FUND means a fund held by an institution exclusively for charitable purposes. The term does not include:
(A) program-related assets;
(B) a fund held for an institution by a trustee that is not an institution; or
(C) a fund in which a beneficiary that is not an institution has an interest, other than an interest that could arise upon violation or failure of the purposes of the fund.
(6) PERSON means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(7) PROGRAM-RELATED ASSET means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment.
(8) RECORD means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(Act 2008-276, p. 434, §2.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3C - Alabama Uniform Prudent Management of Industrial Funds Act. › Section 19-3C-4 - Appropriation for Expenditure or Accumulation of Endowment Fund; Rules of Construction.

Section 19-3C-4
Appropriation for expenditure or accumulation of endowment fund; rules of construction.
(a) Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes, and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund are donor-restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, the following factors:
(1) the duration and preservation of the endowment fund;
(2) the purposes of the institution and the endowment fund;
(3) general economic conditions;
(4) the possible effect of inflation or deflation;
(5) the expected total return from income and the appreciation of investments;
(6) other resources of the institution; and
(7) the investment policy of the institution.
(b) To limit the authority to appropriate for expenditure or accumulate under subsection (a), a gift instrument must specifically state the limitation.
(c) Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only "income", "interest", "dividends", or "rents, issues, or profits", or "to preserve the principal intact", or words of similar import:
(1) create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund; and
(2) do not otherwise limit the authority to appropriate for expenditure or accumulate under subsection (a).
(Act 2008-276, p. 434, §2.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3C - Alabama Uniform Prudent Management of Industrial Funds Act. › Section 19-3C-5 - Delegation of Management and Investment Functions.

Section 19-3C-5
Delegation of management and investment functions.
(a) Subject to any specific limitation set forth in a gift instrument or in law other than this chapter, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in:
(1) selecting an agent;
(2) establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and
(3) periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the scope and terms of the delegation.
(b) In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation.
(c) Absent negligence, wantonness, recklessness, or deliberate misconduct, an institution that complies with subsection (a) is not liable for the decisions or actions of an agent to which the function was delegated.
(d) By accepting delegation of a management or investment function from an institution that is subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state in all proceedings arising from or related to the delegation or the performance of the delegated function.
(e) An institution may delegate management and investment functions to its committees, officers, or employees as authorized by law of this state other than this chapter.
(Act 2008-276, p. 434, §2.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3C - Alabama Uniform Prudent Management of Industrial Funds Act. › Section 19-3C-6 - Release or Modification of Restrictions on Management, Investment, or Purpose.

Section 19-3C-6
Release or modification of restrictions on management, investment, or purpose.
(a) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund. A release or modification may not allow a fund to be used for a purpose other than a charitable purpose of the institution.
(b) The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of the fund, or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of the fund. The institution shall apply in the name of the institution to the circuit court of the county in which the principal activities of the institution are conducted, and shall notify the Attorney General of the application, and the Attorney General must be given an opportunity to be heard. To the extent practicable, any modification must be made in accordance with the donor's probable intention.
(c) If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve, wasteful, or if because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of the fund, the court, upon application of an institution, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument. The institution shall apply in the name of the institution to the circuit court of the county in which the principal activities of the institution are conducted, and shall notify the Attorney General of the application, and the Attorney General must be given an opportunity to be heard.
(d) If an institution determines that a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution, 60 days after notification to the Attorney General, may release or modify the restriction, in whole or part, if:
(1) the institutional fund subject to the restriction has a total value of less than fifty thousand dollars ($50,000);
(2) more than 10 years have elapsed since the fund was established; and
(3) the institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument.
(Act 2008-276, p. 434, §2.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3C - Alabama Uniform Prudent Management of Industrial Funds Act. › Section 19-3C-7 - Reviewing Compliance.

Section 19-3C-7
Reviewing compliance.
Compliance with this chapter is determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight.
(Act 2008-276, p. 434, §2.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3C - Alabama Uniform Prudent Management of Industrial Funds Act. › Section 19-3C-8 - Application to Existing Institutional Funds.

Section 19-3C-8
Application to existing institutional funds.
This chapter applies to institutional funds existing on or established after January 1, 2009. As applied to institutional funds existing on January 1, 2009, this chapter governs only decisions made or actions taken on or after that date.
(Act 2008-276, p. 434, §2.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3C - Alabama Uniform Prudent Management of Industrial Funds Act. › Section 19-3C-9 - Relation to Electronic Signatures in Global and National Commerce Act.

Section 19-3C-9
Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101 of that act, 15 U.S.C. Section 7001(a), or authorize electronic delivery of any of the notices described in Section 103 of that act, 15 U.S.C. Section 7003(b).
(Act 2008-276, p. 434, §2.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3C - Alabama Uniform Prudent Management of Industrial Funds Act. › Section 19-3C-10 - Uniformity of Application and Construction.

Section 19-3C-10
Uniformity 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 2008-276, p. 434, §2.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3D - Alabama Uniform Trust Decanting Act. › Section 19-3D-1 - Short Title.

Section 19-3D-1
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
SHORT TITLE. This chapter may be cited as the Alabama Uniform Trust Decanting Act.
(Act 2018-519, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3D - Alabama Uniform Trust Decanting Act. › Section 19-3D-3 - Scope.

Section 19-3D-3
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
SCOPE.
(a) Except as otherwise provided in subsections (b) and (c), this chapter applies to an express trust that is irrevocable, or revocable by the settlor only with the consent of the trustee or a person holding an adverse interest.
(b) This chapter does not apply to a trust held solely for charitable purposes.
(c) Subject to Section 19-3D-15, a trust instrument may restrict or prohibit exercise of the decanting power.
(d) This chapter does not limit the power of a trustee, powerholder, or other person to distribute or appoint property in further trust or to modify a trust under the trust instrument, laws of this state other than this chapter, common law, a court order, or a nonjudicial settlement agreement.
(e) This chapter does not affect the ability of a settlor to provide in a trust instrument for the distribution of the trust property or appointment in further trust of the trust property or for modification of the trust instrument.
(Act 2018-519, §3.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3D - Alabama Uniform Trust Decanting Act. › Section 19-3D-4 - Fiduciary Duty.

Section 19-3D-4
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
FIDUCIARY DUTY.
(a) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust.
(b) This chapter does not create or imply a duty to consider or exercise the decanting power or to inform beneficiaries about the applicability of this chapter.
(c) Except as otherwise provided in a first-trust instrument, for purposes of this chapter and Sections 19-3B-801 and 19-3B-802(a), the terms of the first trust are deemed to include the decanting power.
(Act 2018-519, §4.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3D - Alabama Uniform Trust Decanting Act. › Section 19-3D-5 - Application; Governing Law.

Section 19-3D-5
Application; governing law.
This chapter applies to a trust created before, on, or after January 1, 2019, which:
(1) has its principal place of administration in this state, including a trust whose principal place of administration has been changed to this state; or
(2) provides by its trust instrument that it is governed by the law of this state or is governed by the law of this state for the purpose of:
(A) administration, including administration of a trust whose governing law for purposes of administration has been changed to the law of this state;
(B) construction of terms of the trust; or
(C) determining the meaning or effect of terms of the trust.
(Act 2018-519, §5.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3D - Alabama Uniform Trust Decanting Act. › Section 19-3D-6 - Reasonable Reliance.

Section 19-3D-6
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
REASONABLE RELIANCE. A trustee or other person that reasonably relies on the validity of a distribution of part or all of the property of a trust to another trust, or a modification of a trust, under this chapter, laws of this state other than this chapter, or the law of another jurisdiction is not liable to any person for any action or failure to act as a result of the reliance.
(Act 2018-519, §6.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3D - Alabama Uniform Trust Decanting Act. › Section 19-3D-7 - Notice; Exercise of Decanting Power.

Section 19-3D-7
Notice; exercise of decanting power.
(a) In this section, a notice period begins on the day notice is given under subsection (c) and ends 59 days after the day notice is given.
(b) Except as otherwise provided in this chapter, an authorized fiduciary may exercise the decanting power without the consent of any person and without court approval.
(c) Except as otherwise provided in subsection (f), an authorized fiduciary shall not exercise the decanting power prior to 60 days after giving notice in a record of the intended exercise of the decanting power to:
(1) each settlor of the first trust, if living or then in existence;
(2) each qualified beneficiary of the first trust;
(3) each holder of a presently exercisable power of appointment over any part or all of the first trust;
(4) each person that currently has the right to remove or replace the authorized fiduciary;
(5) each other fiduciary of the first trust;
(6) each fiduciary of the second trust; and
(7) the Attorney General, if Section 19-3D-14(b) applies.
(d) An authorized fiduciary may give notice under subsection (c) to a qualified beneficiary who is a minor or incapacitated individual by giving notice to such individual's representative. An authorized fiduciary is not required to give notice under subsection (c) to a person that is not known to the fiduciary or is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence.
(e) A notice under subsection (c) must:
(1) specify the manner in which the authorized fiduciary intends to exercise the decanting power;
(2) specify the proposed effective date for exercise of the power;
(3) include a copy of the first-trust instrument;
(4) include a copy of all second-trust instruments;
(5) include a statement indicating the capacity in which the intended recipient is being given notice; and
(6) include a statement that any application under Section 19-3D-9 must be filed within six months from the day notice is given.
(f) The decanting power may be exercised before expiration of the notice period under subsection (a) if all persons entitled to receive notice waive the period in a signed record.
(g) The receipt of notice, waiver of the notice period, or expiration of the notice period does not affect the right of a person to file an application under Section 19-3D-9.
(h) An exercise of the decanting power is not ineffective because of the failure to give notice to one or more persons under subsection (c) if the authorized fiduciary acted with reasonable care to comply with subsection (c).
(Act 2018-519, §7; Act 2021-143, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3D - Alabama Uniform Trust Decanting Act. › Section 19-3D-8 - Representation.

Section 19-3D-8
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
REPRESENTATION.
(a) Notice to a person with authority to represent and bind another person under a first-trust instrument or Chapter 3B (commencing with Section 19-3B-101) of this title, has the same effect as notice given directly to the person represented.
(b) Consent of or waiver by a person with authority to represent and bind another person under a first-trust instrument or Chapter 3B (commencing with Section 19-3B-101) of this title, is binding on the person represented unless the person represented objects to the representation before the consent or waiver otherwise would become effective.
(c) A person with authority to represent and bind another person under a first-trust instrument or Chapter 3B (commencing with Section 19-3B-101) of this title, may file an application under Section 19-3D-9 on behalf of the person represented.
(d) A settlor may not represent or bind a beneficiary under this chapter.
(Act 2018-519, §8.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3D - Alabama Uniform Trust Decanting Act. › Section 19-3D-9 - Court Involvement.

Section 19-3D-9
Court involvement.
(a) On application of an authorized fiduciary, a person entitled to notice under Section 19-3D-7(c), a beneficiary, or with respect to a charitable interest that is not entirely held by or for the benefit of one or more identified and existing charitable organizations, the Attorney General or other person that has standing to enforce the charitable interest, the court may:
(1) provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this chapter and consistent with the fiduciary duties of the authorized fiduciary;
(2) appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this chapter and to exercise the decanting power;
(3) approve an exercise of the decanting power;
(4) subject to the limitations set forth in subsection (c), determine that a proposed or attempted exercise of the decanting power is ineffective because:
(A) after applying Section 19-3D-22, the proposed or attempted exercise does not or did not comply with this chapter; or
(B) the proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;
(5) determine the extent to which Section 19-3D-22 applies to a prior exercise of the decanting power;
(6) provide instructions to the trustee regarding the application of Section 19-3D-22 to a prior exercise of the decanting power; or
(7) order other relief to carry out the purposes of this chapter.
(b) On application of an authorized fiduciary, the court may approve:
(1) an increase in the fiduciary's compensation under Section 19-3D-16; or
(2) a modification under Section 19-3D-18 of a provision granting a person the right to remove or replace the fiduciary.
(c) A proceeding under subsection (a)(4) may not be commenced by a person entitled to notice under Section 19-3D-7(c), or by a beneficiary, unless such proceeding is commenced within six months from the day notice is given under Section 19-3D-7(a). Failure to receive notice shall not extend the time by which the proceeding must be commenced if the authorized fiduciary acted with reasonable diligence to comply with the requirements of Section 19-3D-7(c).
(Act 2018-519, §9; Act 2021-143, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3D - Alabama Uniform Trust Decanting Act. › Section 19-3D-10 - Formalities.

Section 19-3D-10
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
FORMALITIES. An exercise of the decanting power must be made in a record signed by an authorized fiduciary. The signed record must, directly or by reference to the notice required by Section 19-3D-7, identify the first trust and the second trust or trusts and state the property of the first trust being distributed to each second trust and the property, if any, that remains in the first trust.
(Act 2018-519, §10.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3D - Alabama Uniform Trust Decanting Act. › Section 19-3D-12 - Decanting Power Under Limited Distributive Discretion.

Section 19-3D-12
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
DECANTING POWER UNDER LIMITED DISTRIBUTIVE DISCRETION.
(a) In this section, "limited distributive discretion" means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard.
(b) An authorized fiduciary that has limited distributive discretion over the principal of the first trust for the benefit of one or more current beneficiaries may exercise the decanting power over the principal of the first trust. If an authorized fiduciary has limited distributive discretion over part but not all of the principal of a first trust, the fiduciary may exercise the decanting power over that part of the principal over which the authorized fiduciary has limited distributive discretion.
(c) Under this section and subject to Section 19-3D-14, a second trust may be created or administered under the law of any jurisdiction. Under this section, the second trusts, in the aggregate, must grant each beneficiary of the first trust beneficial interests which are substantially similar to the beneficial interests of the beneficiary in the first trust.
(d) A power to make a distribution under a second trust for the benefit of a beneficiary who is an individual is substantially similar to a power under the first trust to make a distribution directly to the beneficiary. A distribution is for the benefit of a beneficiary if:
(1) the distribution is applied for the benefit of the beneficiary;
(2) the beneficiary is under a legal disability or the trustee reasonably believes the beneficiary is incapacitated, and the distribution is made as permitted under Chapter 3B (commencing with Section 19-3B-101) of this title; or
(3) the distribution is made as permitted under the terms of the first-trust instrument and the second-trust instrument for the benefit of the beneficiary.
(Act 2018-519, §12.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3D - Alabama Uniform Trust Decanting Act. › Section 19-3D-14 - Protection of Charitable Interest.

Section 19-3D-14
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
PROTECTION OF CHARITABLE INTEREST.
(a) In this section the following terms have the following meanings:
(1) DETERMINABLE CHARITABLE INTEREST. A charitable interest that is a right to a mandatory distribution currently, periodically, on the occurrence of a specified event, or after the passage of a specified time, and which is unconditional or will be held solely for charitable purposes.
(2) UNCONDITIONAL. Not subject to the occurrence of a specified event that is not certain to occur, other than a requirement in a trust instrument that a charitable organization be in existence or qualify under a particular provision of the United States Internal Revenue Code of 1986, as amended, on the date of the distribution, if the charitable organization meets the requirement on the date of determination.
(b) If a first trust contains a determinable charitable interest that is not entirely held by or for the benefit of one or more identified and existing charitable organizations, the Attorney General has the rights of a qualified beneficiary and may represent and bind the charitable interest.
(c) If a first trust contains a charitable interest, the second trust or trusts may not:
(1) diminish the charitable interest;
(2) diminish the interest of an identified charitable organization that holds the charitable interest;
(3) alter any charitable purpose stated in the first-trust instrument; or
(4) alter any condition or restriction related to the charitable interest.
(d) If there are two or more second trusts, the second trusts shall be treated as one trust for purposes of determining whether the exercise of the decanting power diminishes the charitable interest or diminishes the interest of an identified charitable organization for purposes of subsection (c).
(e) If a first trust contains a determinable charitable interest that is not entirely held by or for the benefit of one or more identified and existing charitable organizations, the second trust or trusts that include a charitable interest pursuant to subsection (c) must be administered under the law of this state unless:
(1) the Attorney General, after receiving notice under Section 19-3D-7, fails to object in a signed record delivered to the authorized fiduciary within the notice period;
(2) the Attorney General consents in a signed record to the second trust or trusts being administered under the law of another jurisdiction; or
(3) the court approves the exercise of the decanting power.
(f) This chapter does not limit the powers and duties of the Attorney General under laws of this state other than this chapter.
(Act 2018-519, §14.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3D - Alabama Uniform Trust Decanting Act. › Section 19-3D-15 - Trust Limitation on Decanting.

Section 19-3D-15
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
TRUST LIMITATION ON DECANTING.
(a) An authorized fiduciary may not exercise the decanting power to the extent the first-trust instrument expressly prohibits exercise of:
(1) the decanting power; or
(2) a power granted by state law to the fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust.
(b) Exercise of the decanting power is subject to any restriction in the first-trust instrument that expressly applies to exercise of:
(1) the decanting power; or
(2) a power granted by state law to a fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust.
(c) A general prohibition of the amendment or revocation of a first trust, a spendthrift clause, or a clause restraining the voluntary or involuntary transfer of a beneficiary's interest does not preclude exercise of the decanting power.
(d) Subject to subsections (a) and (b), an authorized fiduciary may exercise the decanting power under this chapter even if the first-trust instrument permits the authorized fiduciary or another person to modify the first-trust instrument or to distribute part or all of the principal of the first trust to another trust.
(e) If a first-trust instrument contains an express prohibition described in subsection (a) or an express restriction described in subsection (b), the provision must be included in the second-trust instrument.
(Act 2018-519, §15.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3D - Alabama Uniform Trust Decanting Act. › Section 19-3D-16 - Change in Compensation.

Section 19-3D-16
Change in compensation.
(a) If a first-trust instrument specifies an authorized fiduciary's compensation, the fiduciary may not exercise the decanting power to increase the fiduciary's compensation above the specified compensation unless:
(1) all qualified beneficiaries of the second trust consent to the increase in a signed record; or
(2) the increase is approved by the court.
(b) If a first-trust instrument does not specify an authorized fiduciary's compensation, the fiduciary may not exercise the decanting power to increase the fiduciary's compensation above the compensation permitted by Chapter 3B (commencing with Section 19-3B-101) of this title, unless:
(1) all qualified beneficiaries of the second trust consent to the increase in a signed record; or
(2) the increase is approved by the court.
(c) A change in an authorized fiduciary's compensation which is incidental to other changes made by the exercise of the decanting power is not an increase in the fiduciary's compensation for purposes of subsections (a) and (b).
(Act 2018-519, §16.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3D - Alabama Uniform Trust Decanting Act. › Section 19-3D-17 - Relief From Liability and Indemnification.

Section 19-3D-17
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
RELIEF FROM LIABILITY AND INDEMNIFICATION.
(a) Except as otherwise provided in this section, a second-trust instrument may not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first-trust instrument.
(b) A second-trust instrument may provide for indemnification of an authorized fiduciary of the first trust or another person acting in a fiduciary capacity under the first trust for any liability or claim that would have been payable from the first trust if the decanting power had not been exercised.
(c) A second-trust instrument may not reduce fiduciary liability in the aggregate.
(d) Subject to subsection (c), a second-trust instrument may divide and reallocate fiduciary powers among fiduciaries, including one or more trustees, distribution advisors, investment advisors, trust protectors, or other persons, and relieve a fiduciary from liability for an act or failure to act of another fiduciary as permitted by laws of this state other than this chapter.
(Act 2018-519, §17.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3D - Alabama Uniform Trust Decanting Act. › Section 19-3D-18 - Removal or Replacement of Authorized Fiduciary.

Section 19-3D-18
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
REMOVAL OR REPLACEMENT OF AUTHORIZED FIDUCIARY. An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless:
(1) the person holding the power consents to the modification in a signed record and the modification applies only to the person;
(2) the person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or
(3) the court approves the modification and the modification grants a substantially similar power to another person.
(Act 2018-519, §18.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3D - Alabama Uniform Trust Decanting Act. › Section 19-3D-20 - Duration of Second Trust.

Section 19-3D-20
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
DURATION OF SECOND TRUST.
(a) Subject to subsection (b), a second trust may have a duration that is the same as or different from the duration of the first trust.
(b) To the extent that property of a second trust is attributable to property of the first trust, the property of the second trust is subject to any rules governing maximum perpetuity, accumulation, or suspension of the power of alienation which apply to property of the first trust.
(Act 2018-519, §20.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3D - Alabama Uniform Trust Decanting Act. › Section 19-3D-21 - Need to Distribute Not Required.

Section 19-3D-21
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
NEED TO DISTRIBUTE NOT REQUIRED. An authorized fiduciary may exercise the decanting power whether or not under the first trust's discretionary distribution standard the fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise.
(Act 2018-519, §21.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3D - Alabama Uniform Trust Decanting Act. › Section 19-3D-22 - Saving Provision.

Section 19-3D-22
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
SAVING PROVISION.
(a) If exercise of the decanting power would be effective under this chapter except that the second-trust instrument in part does not comply with this chapter, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust attributable to the exercise of the power:
(1) A provision in the second-trust instrument which is not permitted under this chapter is void to the extent necessary to comply with this chapter.
(2) A provision required by this chapter to be in the second-trust instrument which is not contained in the instrument is deemed to be included in the instrument to the extent necessary to comply with this chapter.
(b) If a trustee or other fiduciary of a second trust determines that subsection (a) applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary's duties.
(Act 2018-519, §22.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3D - Alabama Uniform Trust Decanting Act. › Section 19-3D-23 - Trust for Care of Animal.

Section 19-3D-23
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
TRUST FOR CARE OF ANIMAL.
(a) In this section the following terms have the following meanings:
(1) ANIMAL TRUST. A trust or an interest in a trust created to provide for the care of one or more animals.
(2) PROTECTOR. A person appointed in an animal trust to enforce the trust on behalf of the animal or, if no such person is appointed in the trust, a person appointed by the court for that purpose.
(b) The decanting power may be exercised over an animal trust that has a protector to the extent the trust could be decanted under this chapter if each animal that benefits from the trust were an individual, if the protector consents in a signed record to the exercise of the power.
(c) A protector for an animal has the rights under this chapter of a qualified beneficiary.
(d) Notwithstanding any other provision of this chapter, if a first trust is an animal trust, in an exercise of the decanting power, the second trust must provide that trust property may be applied only to its intended purpose for the period the first trust benefitted the animal.
(Act 2018-519, §23.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3D - Alabama Uniform Trust Decanting Act. › Section 19-3D-24 - Terms of Second Trust.

Section 19-3D-24
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
TERMS OF SECOND TRUST. A reference in Chapter 3B (commencing with Section 19-3B-101) of this title, to a trust instrument or terms of the trust includes a second-trust instrument and the terms of the second trust.
(Act 2018-519, §24.)