reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.1108 - Governing law.

633A.1108 Governing law.
1. 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 the trust was created the settlor was domiciled, had a place of abode, or was a national.
2. The meaning and effect of the terms of the trust not created by will shall be determined by any of the following:
a. Except as provided in paragraph “c”, the law of the jurisdiction designated in the terms of the trust, on the condition that at the time the trust was created the designated jurisdiction had a substantial relationship to the trust. A jurisdiction has a substantial relationship to the trust if it is the residence or domicile of the settlor or of any qualified beneficiary, the location of a substantial portion of the assets of the trust, or a place where the trustee was domiciled or had a place of business.
b. Except as provided in paragraph “c”, in the absence of a controlling designation in the terms of the trust, the law of the jurisdiction that has the most significant relationship to the matter at issue.
c. As to real property, the law of the jurisdiction where the real property is located.
2003 Acts, ch 95, §8
CS2003, §633.1108
2005 Acts, ch 38, §54
CS2005, §633A.1108
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.1109 - Methods of notice and document delivery — waiver.

633A.1109 Methods of notice and document delivery — waiver.
Except as otherwise provided by this chapter:
1. Giving notice to a person, including notice of a judicial proceeding, or the sending of a document to a person under this chapter shall be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of giving notice or sending a document include first-class mail, personal delivery to a person’s last known place of residence or place of business, or by properly directed electronic mail. When notice in a trust proceeding is served on an interested party via the United States postal service, the service is made and completed when the notice being served is enclosed in a sealed envelope with proper postage paid, is addressed to the interested party at the party’s last known post office address, and is deposited in a mail receptacle provided by the United States postal service.
2. In the case of a proceeding against an unknown person whose address or whereabouts are unknown, the court shall prescribe that notice may be served by publication within the time and in the manner provided by the rules of civil procedure.
3. Notice under this chapter or the right to receive a document under this chapter may be waived by the person to be notified or entitled to receive the document.
4. For purposes of this section, “properly directed” means directed to an electronic mail address that the sender reasonably believes is a current electronic mail address of the recipient.
2016 Acts, ch 1088, §2, 3
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.2101 - Methods of creating trusts.

633A.2101 Methods of creating trusts.
A trust may be created by any of the following methods:
1. Transfer of property to another person as trustee during the settlor’s lifetime, or by will taking effect upon the settlor’s death.
2. Declaration by the owner of property that the owner holds property as trustee.
3. Exercise of a power of appointment in favor of another person as trustee.
4. A promise enforceable by the trustee to transfer property to the trustee.
99 Acts, ch 125, §8, 109
C2001, §633.2101
2005 Acts, ch 38, §54
CS2005, §633A.2101
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.2102 - Requirements for validity.

633A.2102 Requirements for validity.
1. A trust is created only if all of the following elements are satisfied:
a. The settlor was competent and indicated an intention to create a trust.
b. The same person is not the sole trustee and sole beneficiary.
c. The trust has a definite beneficiary or a beneficiary who will be definitely ascertained within the period of the applicable rule against perpetuities, unless the trust is a charitable trust, an honorary trust, or a trust for pets.
d. The trustee has duties to perform.
2. A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property passes to the person or persons who would have taken the property had the power not been conferred.
3. A trust is not merged or invalid because a person, including but not limited to the settlor of the trust, is or may become the sole trustee and the sole holder of the present beneficial interest in the trust, provided that one or more other persons hold a beneficial interest in the trust, whether such interest be vested or contingent, present or future, and whether created by express provision of the instrument or as a result of reversion to the settlor’s estate.
99 Acts, ch 125, §9, 109
C2001, §633.2102
2002 Acts, ch 1107, §2; 2003 Acts, ch 95, §9; 2005 Acts, ch 38, §54
CS2005, §633A.2102
Referred to in §726.25
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.2103 - Statute of frauds.

633A.2103 Statute of frauds.
1. A trust is enforceable when evidenced by either of the following:
a. A written instrument signed by the trustee, or by the trustee’s agent if authorized in writing.
b. A written instrument conveying the trust property signed by the settlor, or by the settlor’s agent if authorized in writing.
2. If an owner of property declares that property is held upon a trust, the written instrument evidencing the trust must be signed by the settlor according to one of the following:
a. Before or at the time of the declaration.
b. After the time of the declaration but before the settlor has transferred the property.
3. If an owner of property while living transfers property to another person to hold upon a trust, the written instrument evidencing the trust must be signed according to one of the following:
a. By the settlor, concurrently with or before the transfer.
b. By the trustee, concurrently with or before the transfer, or after the transfer but before the trustee has transferred the property to a third person.
4. Oral trusts that have not been reduced to writing as specified in this section are not enforceable. This section does not affect the power of a court to declare a resulting or constructive trust in the appropriate case or to order other relief where appropriate.
99 Acts, ch 125, §10, 109
C2001, §633.2103
2003 Acts, ch 95, §10, 11; 2005 Acts, ch 38, §54
CS2005, §633A.2103
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.2104 - Trust purposes.

633A.2104 Trust purposes.
1. A trust is created only if it has a private or charitable purpose that is not unlawful or against public policy.
2. A trust created for a private purpose must be administered for the benefit of its beneficiaries.
99 Acts, ch 125, §11, 109
C2001, §633.2104
2005 Acts, ch 38, §54
CS2005, §633A.2104
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.2105 - Honorary trusts — trusts for pets.

633A.2105 Honorary trusts — trusts for pets.
1. A trust for a lawful noncharitable purpose for which there is no definite or definitely ascertainable beneficiary is valid but may be performed by the trustee for only twenty-one years, whether or not the terms of the trust contemplate a longer duration.
2. A trust for the care of an animal living at the settlor’s death is valid. The trust terminates when no living animal is covered by its terms.
3. A portion of the property of a trust authorized by this section shall not be converted to any use other than its intended use unless the terms of the trust so provide or the court determines that the value of the trust property substantially exceeds the amount required.
4. The intended use of a trust authorized by this section may be enforced by a person designated for that purpose in the terms of the trust or, if none, by a person appointed by the court.
99 Acts, ch 125, §12, 109
C2001, §633.2105
2005 Acts, ch 38, §54
CS2005, §633A.2105
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.2106 - Resulting trusts.

633A.2106 Resulting trusts.
1. Where the owner of property gratuitously transfers the property and manifests in the trust instrument an intention that the transferee should hold the property in trust but the trust fails, the transferee holds the trust estate as a resulting trust for the transferor or the transferor’s estate, unless either of the following is true:
a. The transferor manifested in the trust instrument an intention that no resulting trust should arise.
b. The intended trust fails for illegality and the policy against unjust enrichment of the transferee is outweighed by the policy against giving relief to a person who has entered into an illegal transaction.
2. Where the owner of property gratuitously transfers the property subject to a trust which is properly declared and which has been fully performed without exhausting the trust estate, the trustee holds the surplus as a resulting trust for the transferor or the transferor’s estate, unless the transferor manifested in the trust instrument an intention that no resulting trust of the surplus should arise.
3. If the transferor’s estate is the recipient of property under this section and the administration of that estate has been closed and there is no question as to the proper recipients of the property, it is not necessary to reopen the estate administration for the purpose of distribution.
99 Acts, ch 125, §13, 109; 2000 Acts, ch 1150, §8
C2001, §633.2106
2005 Acts, ch 38, §54
CS2005, §633A.2106
Referred to in §633A.4701
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.2107 - Constructive trusts.

633A.2107 Constructive trusts.
A constructive trust arises when a person holding title to property is subject to an equitable duty to convey the property to another, on the ground that the person holding title would be unjustly enriched if the person were permitted to retain the property.
99 Acts, ch 125, §14, 109
C2001, §633.2107
2005 Acts, ch 38, §54
CS2005, §633A.2107
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.2201 - Termination of trust.

633A.2201 Termination of trust.
1. In addition to the methods specified in sections 633A.2202 through 633A.2206, a trust terminates when any of the following occurs:
a. The term of the trust expires.
b. The trust purpose is fulfilled.
c. The trust purpose becomes unlawful or impossible to fulfill.
d. The trust is revoked.
2. On termination of a trust, the trustee may exercise the powers necessary to wind up the affairs of the trust and distribute the trust property to those entitled to the trust property.
99 Acts, ch 125, §15, 109; 2000 Acts, ch 1150, §9
C2001, §633.2201
2002 Acts, ch 1107, §3; 2005 Acts, ch 38, §54, 55
CS2005, §633A.2201
Referred to in §633A.4805
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.2202 - Modification or termination by settlor and all beneficiaries.

633A.2202 Modification or termination by settlor and all beneficiaries.
1. An irrevocable trust may be modified or terminated upon the consent of the settlor and all of the beneficiaries.
2. Upon termination of the trust, the trustee shall distribute the trust property as agreed by the settlor and all beneficiaries, or in the absence of unanimous agreement, as ordered by the court.
3. For purposes of this section, the consent of a person who may bind a beneficiary or otherwise act on a beneficiary’s behalf is considered the consent of the beneficiary.
99 Acts, ch 125, §16, 109
C2001, §633.2202
2005 Acts, ch 38, §54
CS2005, §633A.2202
Referred to in §633A.2201, 633A.4805, 633A.6301
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.2203 - Termination of irrevocable trust or modification of dispositive provisions of irrevocable trust by court.

633A.2203 Termination of irrevocable trust or modification of dispositive provisions of irrevocable trust by court.
1. An irrevocable trust may be terminated or its dispositive provisions modified by the court with the consent of all of the beneficiaries if continuance of the trust on the same or different terms is not necessary to carry out a material purpose.
2. Upon termination of the trust, the court shall order the distribution of trust property in accordance with the probable intention of the settlor.
3. For purposes of this section, the consent of a person who may bind a beneficiary is considered the consent of the beneficiary.
4. For the purposes of this section, removal of the trustee or the addition of a provision to the trust instrument allowing a beneficiary or a group of beneficiaries to remove the trustee or to appoint a new trustee shall not be allowed as a modification under this section. This subsection shall not operate to limit the scope of dispositive provisions for the purposes of this section.
5. A spendthrift provision, or a provision giving the trustee discretion to distribute income or principal to a beneficiary or among beneficiaries, in the terms of the trust is presumed to constitute a material purpose of the trust.
99 Acts, ch 125, §17, 109; 2000 Acts, ch 1150, §10
C2001, §633.2203
2005 Acts, ch 38, §54
CS2005, §633A.2203
2009 Acts, ch 52, §9, 14; 2012 Acts, ch 1123, §15, 32
Referred to in §633A.2201, 633A.4805, 633A.6301, 633A.6308
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.2204 - Modification of administrative provisions by court for change of circumstances.

633A.2204 Modification of administrative provisions by court for change of circumstances.
On petition by a trustee or beneficiary, the court may modify the administrative provisions of the trust, if, owing to circumstances not known to the settlor and not anticipated by the settlor, the continuation of the trust under its terms would defeat or substantially impair the accomplishment of the purposes of the trust. If necessary to carry out the purposes of the trust, the court may order the trustee to do acts that are not authorized or are forbidden by the trust instrument.
2000 Acts, ch 1150, §11
C2001, §633.2204
2005 Acts, ch 38, §54
CS2005, §633A.2204
Referred to in §633A.2201, 633A.4805
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.2205 - Noncharitable trust with uneconomically low value.

633A.2205 Noncharitable trust with uneconomically low value.
1. On petition by a trustee or beneficiary, the court may terminate or modify a noncharitable trust or appoint a new trustee if the court determines that the value of the trust property is insufficient to justify the cost of administration involved and that continuation of the trust under its existing terms would defeat or significantly impair the accomplishment of the trust purposes.
2. Upon termination of a trust under this section, the trustee shall distribute the trust property in accordance with the probable intention of the settlor under the circumstances. Extrinsic evidence is admissible for the purpose of ascertaining the probable intention of the settlor.
99 Acts, ch 125, §18, 109
C2001, §633.2205
2002 Acts, ch 1107, §4; 2005 Acts, ch 38, §54
CS2005, §633A.2205
Referred to in §633A.2201, 633A.4805
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.2206 - Reformation — tax objectives.

633A.2206 Reformation — tax objectives.
1. The court may reform the terms of the trust, even if unambiguous, to conform to the settlor’s intent if it is proved by clear and convincing evidence that the settlor’s intent and the terms of the trust were affected by a mistake of fact or law whether expressed or induced.
2. The terms of the trust may be construed or modified, in a manner that does not violate the settlor’s probable intent, to achieve the settlor’s tax objectives.
99 Acts, ch 125, §19, 109
C2001, §633.2206
2002 Acts, ch 1107, §5; 2005 Acts, ch 38, §54
CS2005, §633A.2206
Referred to in §633A.2201, 633A.4805
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.2207 - Combination of trusts.

633A.2207 Combination of trusts.
1. A trustee, without approval of court, may combine two or more trusts with substantially similar beneficial interests unless the trust is a court reporting trust.
2. On petition by a trustee or beneficiary, the court may combine two or more trusts, whether or not the beneficial interests are substantially similar, if the court determines that administration as a single trust will not defeat or significantly impair the accomplishment of the trust purposes or the rights of the beneficiaries.
3. Where the court orders the combination of two trusts that are not essentially identical, the court shall include in its order a finding as to which trust provisions control.
99 Acts, ch 125, §20, 109; 2000 Acts, ch 1150, §12
C2001, §633.2207
2005 Acts, ch 38, §54
CS2005, §633A.2207
Referred to in §633A.4805
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.2208 - Division of trusts.

633A.2208 Division of trusts.
1. Without approval of a court, a trustee may divide a trust into two or more separate trusts with substantially similar terms if the division will not defeat or substantially impair the accomplishment of the trust purposes or the rights of the beneficiaries unless the trust is a court reporting trust.
2. On petition by a trustee or beneficiary, the court may divide a trust into two or more separate trusts, whether or not their terms are similar, if the court determines that dividing the trust is in the best interest of the beneficiaries and will not defeat or substantially impair the accomplishment of the trust purposes or the rights of the beneficiaries. To facilitate the division, the trustee may divide the trust assets in kind, by pro rata or non-pro rata division, or by any combination of the methods.
3. By way of illustration and without limitation, a trust may be divided pursuant to this section to allow a trust to qualify as a marital deduction trust for tax purposes, as a qualified subchapter S trust for federal income tax purposes, as a separate trust for federal generation skipping tax purposes, or for any other federal or state income, estate, excise, or inheritance tax benefit, or to facilitate the administration of a trust.
99 Acts, ch 125, §21, 109; 2000 Acts, ch 1150, §13
C2001, §633.2208
2005 Acts, ch 38, §37, 54
CS2005, §633A.2208
Referred to in §633A.4805
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.2301 - Rights of beneficiary, creditor, and assignee.

633A.2301 Rights of beneficiary, creditor, and assignee.
To the extent a beneficiary’s interest is not subject to a spendthrift provision, and subject to sections 633A.2305 and 633A.2306, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary’s interest by levy, attachment, or execution of present or future distributions to or for the benefit of the beneficiary or other means.
99 Acts, ch 125, §22, 109
C2001, §633.2301
2004 Acts, ch 1015, §27; 2005 Acts, ch 38, §38, 54, 55
CS2005, §633A.2301
2008 Acts, ch 1119, §21; 2008 Acts, ch 1191, §131
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.2302 - Spendthrift protection recognized.

633A.2302 Spendthrift protection recognized.
Except as otherwise provided in section 633A.2303:
1. 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, assignment, and encumbrance of the beneficiary’s interest.
2. A beneficiary shall not transfer, assign, or encumber an interest in a trust in violation of a valid spendthrift provision, and a creditor or assignee of the beneficiary of a spendthrift trust shall not reach the interest of the beneficiary or a distribution by the trustee before its receipt by the beneficiary.
3. Notwithstanding subsections 1 and 2, the interest of a beneficiary of a valid spendthrift trust may be reached to satisfy an enforceable claim against the beneficiary or the beneficiary’s estate for either of the following:
a. Services or supplies for necessaries provided to or for the beneficiary.
b. Tax claims by the United States to the extent authorized by federal law or an applicable provision of the Code.
99 Acts, ch 125, §23, 109
C2001, §633.2302
2004 Acts, ch 1015, §28; 2005 Acts, ch 38, §54
CS2005, §633A.2302
2008 Acts, ch 1119, §22
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.2303 - Spendthrift trusts for the benefit of settlor.

633A.2303 Spendthrift trusts for the benefit of settlor.
A term of a trust prohibiting an involuntary transfer of a beneficiary’s interest shall be invalid as against claims by any creditors of the beneficiary if the beneficiary is the settlor.
99 Acts, ch 125, §24, 109
C2001, §633.2303
2005 Acts, ch 38, §39, 54
CS2005, §633A.2303
2008 Acts, ch 1119, §23
Referred to in §633A.2302
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.2304 - Amount reachable by creditors or transferees of settlor.

633A.2304 Amount reachable by creditors or transferees of settlor.
1. If a settlor is a beneficiary of a trust created by the settlor, a transferee or creditor of the settlor may reach the maximum amount that the trustee could pay to or for the settlor’s benefit.
2. In the case of a trust with multiple settlors, the amount the creditors or transferees of a particular settlor may reach shall not exceed the portion of the trust attributable to that settlor’s contribution.
3. The assets of an irrevocable trust shall not become subject to the claims of creditors of the settlor of a trust solely due to a provision in the trust that allows a trustee of the trust to reimburse the settlor for income taxes payable on the income of the trust. This subsection shall not limit the rights of the creditor of the settlor to assert a claim against the assets of the trust due to the retention or grant of any rights to the settlor under the trust instrument or any other beneficial interest of the settlor other than as specifically set forth in this subsection.
2008 Acts, ch 1119, §24
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.2305 - Discretionary trusts — effect of standard.

633A.2305 Discretionary trusts — effect of standard.
1. Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary shall not compel a distribution that is subject to the trustee’s discretion, even if any of the following occur:
a. The discretion is expressed in the form of a standard of distribution.
b. The trustee has abused its discretion.
2. This section shall not apply to a creditor of a beneficiary or to a creditor of a deceased beneficiary enforcing an interest in a trust, if any, given to a beneficiary by the trust instrument.
2008 Acts, ch 1119, §25
Referred to in §633A.2301
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.2306 - Court action — trustee’s discretion.

633A.2306 Court action — trustee’s discretion.
1. If a trustee has discretion as to payments to a beneficiary, and refuses to make payments or exercise its discretion, the court shall neither order the trustee to exercise its discretion nor order payment from any such trust, if any such payment would inure, directly or indirectly, to the benefit of a creditor of the beneficiary.
2. Notwithstanding subsection 1, the court may order payment to a creditor of a beneficiary or to a creditor of a deceased beneficiary if the beneficiary has or had an interest in the trust.
2008 Acts, ch 1119, §26
Referred to in §633A.2301
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.2307 - Overdue mandatory distribution.

633A.2307 Overdue mandatory distribution.
1. A creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, 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 required distribution date.
2. For the purposes of this section, “mandatory distribution” means a distribution required by the express terms of the trust of any of the following:
a. All of the income, net income, or principal of the trust.
b. A fraction or percentage of the income or principal of the trust.
c. A specific dollar amount from the trust.
3. A distribution that is subject to a condition shall not be considered a mandatory distribution.
4. If a creditor or assignee of a beneficiary is permitted to reach a mandatory distribution under this section, the sole remedy of the creditor or assignee shall be to apply to the court having jurisdiction of the trust after a reasonable period of time has expired, for a judgment ordering the trustee to pay to the creditor or the assignee a sum of money equal to the lesser of the amount of the debt or assignment, or the amount of the mandatory distribution described in subsection 2. Any other remedy, including but not limited to attachment or garnishment of any interest in the trust, recovery of court costs or attorney fees, or placing a lien of any type on any trust property or on the interest of any beneficiary in the trust, shall not be permitted or ordered by any court. Any writing signed by the beneficiary, allowing any remedy other than payment of the mandatory distribution not made to the beneficiary within a reasonable time after required distribution date, shall be void and shall not be enforced by any court.
2008 Acts, ch 1119, §27
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.3101 - Competency to create, revoke, or modify a revocable trust.

633A.3101 Competency to create, revoke, or modify a revocable trust.
1. To create, revoke, or modify a revocable trust, the settlor must be competent. An aggrieved person shall have all causes of action and remedies available to the aggrieved person in attacking the creation, revocation, or modification of a revocable trust as one would if attacking the propriety of the execution of a will.
2. The level of competency required of a settlor to direct the actions of the trustee, or to contribute property to, or to withdraw property from, a trust is the same as that required to create a revocable trust.
99 Acts, ch 125, §25, 109; 2000 Acts, ch 1150, §14
C2001, §633.3101
2005 Acts, ch 38, §54
CS2005, §633A.3101
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.3102 - Revocation or modification.

633A.3102 Revocation or modification.
1. Unless the terms of the trust expressly provide that the trust is irrevocable, the settlor may revoke or modify the trust. This subsection does not apply to trusts created under instruments executed before July 1, 2000.
2. Except as otherwise provided by the terms of the trust, if a trust is created or funded by more than one settlor, each settlor may revoke or modify the trust as to the portion of the trust contributed by that settlor.
3. A trust that is revocable by the settlor may be revoked or modified by any of the following methods:
a. By compliance with any method specified by the terms of the trust.
b. Unless the terms of the trust expressly make the method specified exclusive, then either of the following:
(1) By a writing, other than a will, signed by the settlor and delivered to the trustee during the settlor’s lifetime.
(2) By a later will or codicil expressly referring to the trust and which makes a devise of the property that would otherwise have passed by the terms of the trust.
4. Upon termination of a revocable trust, the trustee must distribute the trust property as the settlor directs.
5. The settlor’s powers with respect to revocation or modification may be exercised by an agent under a power of attorney only if all of the following apply:
a. The trust instrument expressly authorizes an agent under a power of attorney to exercise such powers.
b. The power of attorney expressly authorizes an agent acting under the power of attorney to exercise such powers.
99 Acts, ch 125, §26, 109
C2001, §633.3102
2005 Acts, ch 38, §54
CS2005, §633A.3102
2006 Acts, ch 1104, §4; 2012 Acts, ch 1123, §16, 32
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.3103 - Other rights of settlor.

633A.3103 Other rights of settlor.
Except to the extent the terms of the trust otherwise provide, while a trust is revocable, all of the following apply unless the trustee actually knows that the individual holding the power to revoke the trust is not competent:
1. The holder of the power, and not the beneficiary, has the rights afforded beneficiaries.
2. The duties of the trustee are owed to the holder of the power.
3. The trustee shall follow a written direction given by the holder of the power, or a person to whom the power has been delegated in writing, without liability for so doing, so long as the action by the delegate is authorized by the trust unless the trustee actually knows that the direction violates the terms of the trust.
99 Acts, ch 125, §27, 109
C2001, §633.3103
2005 Acts, ch 38, §54
CS2005, §633A.3103
2006 Acts, ch 1104, §5
Referred to in §633A.3105, 633A.6202
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.3104 - Claims against revocable trust.

633A.3104 Claims against revocable trust.
1. During the lifetime of the settlor, the trust property of a revocable trust is subject to the debts of the settlor to the extent of the settlor’s power of revocation.
2. Following the death of a settlor, if the settlor’s estate is inadequate to satisfy the debts of the settlor and the charges of the settlor’s estate, the property of a revocable trust, to the extent of the value of the property over which the settlor had a power of revocation, is subject to all of the following:
a. The charges of the settlor’s estate.
b. The debts of the settlor unless barred as provided in section 633A.3109.
3. The personal representative of the settlor’s estate shall submit a statement to the trustee within the period for filing claims against the trust of the amount by which the assets of the estate are insufficient to pay the debts and charges. Subject to the provisions of section 633A.3111, the trustee shall remit to the personal representative the amount needed to pay the charges and shall pay the debts directly to the creditors unless the trustee and personal representative agree to a different manner of payment.
4. If a revocable trust becomes subject to the debts of a settlor and the charges of the settlor’s estate pursuant to this section, following the payment of the proper costs of administration of the trust and any claims against the trust, the debts and charges of the settlor’s estate payable by the trust shall be classified pursuant to sections 633.425 and 633.426 as such sections exist on the date of the settlor’s death and paid in the order listed therein to the extent the settlor’s estate is inadequate to satisfy the listed debts and charges.
99 Acts, ch 125, §28, 109; 2000 Acts, ch 1150, §15
C2001, §633.3104
2005 Acts, ch 38, §54
CS2005, §633A.3104
2006 Acts, ch 1104, §6; 2012 Acts, ch 1123, §17, 18, 32
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.3105 - Rights of and claims against holder of general power of appointment.

633A.3105 Rights of and claims against holder of general power of appointment.
1. The holder of a presently exercisable general power of appointment over trust property has the rights of a holder of the power to revoke a trust under section 633A.3103 to the extent of the property subject to the power.
2. Property in trust subject to a presently exercisable general power of appointment is chargeable with the debts of the holder and charges of the holder’s estate to the same extent as if the holder was a settlor and the power of appointment was a power of revocation.
99 Acts, ch 125, §29, 109
C2001, §633.3105
2005 Acts, ch 38, §54, 55
CS2005, §633A.3105
2006 Acts, ch 1104, §7
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.3106 - Children born or adopted after execution of a revocable trust.

633A.3106 Children born or adopted after execution of a revocable trust.
1. When a settlor fails to provide in a revocable trust for any of the settlor’s children born to or adopted by the settlor after the execution of the trust or the last amendment to the trust, such child, whether born before or after the settlor’s death, shall receive a share of the trust equal in value to that which the child would have received under section 633.219, after taking into account the spouse’s intestate share under section 633.211 or section 633.212, whichever is applicable, as if the settlor had died intestate, unless it appears from the terms of the trust or decedent’s will that such omission was intentional.
2. For the purposes of this section, a child born after the death of the settlor who would have been entitled to a share of the settlor’s probate estate pursuant to section 633.267 shall be treated as a child of the settlor.
99 Acts, ch 125, §30, 109
C2001, §633.3106
2005 Acts, ch 38, §54
CS2005, §633A.3106
2008 Acts, ch 1119, §28, 39; 2011 Acts, ch 18, §5; 2012 Acts, ch 1021, §109
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.3107 - Effect of divorce or dissolution.

633A.3107 Effect of divorce or dissolution.
1. If, after executing a revocable trust, the settlor is divorced or the settlor’s marriage is dissolved, all provisions in the trust in favor of the settlor’s spouse or of a relative of the settlor’s spouse, including but not limited to dispositions, appointments of property, and nominations to serve in any fiduciary or representative capacity, are revoked by divorce or dissolution of marriage unless the trust instrument provides otherwise.
2. Unless the trust instrument provides otherwise, in the event the settlor and spouse remarry each other, the provisions of the revocable trust revoked by the divorce or dissolution of marriage shall be reinstated unless otherwise modified by the settlor, except for provisions in favor of a person who died prior to the remarriage which shall not be reinstated.
3. For the purposes of this section, “relative of the settlor’s spouse” means a person who is related to the divorced settlor’s former spouse by blood, adoption, or affinity, and who, subsequent to the divorce or dissolution of marriage, ceased to be related to the settlor by blood, adoption, or affinity.
99 Acts, ch 125, §31, 109; 2000 Acts, ch 1150, §16
C2001, §633.3107
2005 Acts, ch 38, §40, 54
CS2005, §633A.3107
2013 Acts, ch 30, §193
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.3108 - Limitation on contest of revocable trust.

633A.3108 Limitation on contest of revocable trust.
Unless previously barred by adjudication, consent, or other limitation, if notice is published or given as provided in section 633A.3110 within one year of the settlor’s death, a proceeding to contest the validity of a revocable trust must be brought within the period specified in that notice. If notice is not published or given within that period, a proceeding to contest the validity of a trust must be brought no later than one year following the death of the settlor.
99 Acts, ch 125, §32, 109; 2000 Acts, ch 1150, §17
C2001, §633.3108
2005 Acts, ch 38, §54, 55
CS2005, §633A.3108
2008 Acts, ch 1119, §29, 39; 2012 Acts, ch 1123, §19, 32
Referred to in §633A.3110
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.3109 - Limitation on creditor rights against revocable trust assets after settlor’s death.

633A.3109 Limitation on creditor rights against revocable trust assets after settlor’s death.
1. If notice is published or given as provided in section 633A.3110 within one year of the settlor’s death, any claim against the trust assets will be forever barred unless the creditor files a claim as provided for and within the period specified in the notice.
2. If notice is not published or given, a creditor of a deceased settlor of a revocable trust must bring suit to enforce its claim against the assets of the decedent’s trust within one year of the decedent’s death or be forever barred from collecting against the trust assets. The one-year limitation period shall not be extended by the commencement of probate administration for the settlor.
3. The notice under sections 633.230 and 633.304 in probate of the settlor’s estate does not affect a creditor’s claim under this section.
99 Acts, ch 125, §33, 109; 2000 Acts, ch 1150, §18
C2001, §633.3109
2002 Acts, ch 1119, §101; 2005 Acts, ch 38, §54, 55
CS2005, §633A.3109
2006 Acts, ch 1104, §8, 16; 2012 Acts, ch 1123, §20, 32
Referred to in §633A.3104, 633A.3110
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.3111 - Rights of trustee regarding claims in a probate administration.

633A.3111 Rights of trustee regarding claims in a probate administration.
1. If administration of an estate is commenced in which a revocable trust or a trust in which a holder had at the date of the holder’s death a presently exercisable general power of appointment could be held responsible for the payment of debts of the settlor or holder and the charges of the settlor’s or holder’s estate, the trustee of the trust shall be an interested party in the administration of the estate.
2. The trustee shall receive notice of all potential claims against the trust assets from the personal representative of the estate and must either authorize the payments for which the trust may be found liable or be given the opportunity to dispute or defend any such payment.
3. If debts of the settlor are paid from trust property, the trustee or trust beneficiaries shall have a right to be reimbursed from the settlor’s estate for such payment until the final report of the settlor’s estate has been approved, unless the debts have been barred from being collected from the estate by notice pursuant to section 633.230 or 633.304.
99 Acts, ch 125, §35, 109; 2000 Acts, ch 1150, §19
C2001, §633.3111
2005 Acts, ch 38, §54
CS2005, §633A.3111
2006 Acts, ch 1104, §9; 2012 Acts, ch 1123, §22
Referred to in §633A.3104
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.3112 - Trustee’s liability for distributions.

633A.3112 Trustee’s liability for distributions.
1. A trustee who distributes trust assets without making adequate provisions for the payment of debts and charges that are known or reasonably ascertainable at the time of the distribution shall be jointly and severally liable with the beneficiaries to the extent of the distributions made.
2. A trustee shall be entitled to indemnification from the beneficiaries for all amounts paid for debts and charges under this section, to the extent of distributions made.
2005 Acts, ch 38, §41, 55; 2006 Acts, ch 1104, §10; 2008 Acts, ch 1119, §30; 2011 Acts, ch 34, §141; 2012 Acts, ch 1123, §23, 32
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.3113 - Definitions — revocable trusts.

633A.3113 Definitions — revocable trusts.
As used in this subchapter:
1. “Charges” means the same as defined in section 633.3.
2. “Costs of administration” means the same as defined in section 633.3.
3. “Debts” means the same as defined in section 633.3.
2012 Acts, ch 1123, §24, 32
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.3114 - Allowance to surviving spouse.

633A.3114 Allowance to surviving spouse.
1. Unless a personal representative has been appointed for the settlor’s estate, following the death of a settlor of a revocable trust, the trustee of such revocable trust shall mail a written notice to the surviving spouse pursuant to section 633.40, subsection 5, notifying the surviving spouse of the surviving spouse’s right to submit an application to the trustee, within four months of service of the notice, for a support allowance for a period of twelve months following the death of the settlor, and for a support allowance for the settlor’s dependents who reside with the spouse for the same period of time.
2. Upon receipt of an application for a support allowance, the trustee may set off and pay to the surviving spouse a sufficient amount of trust assets the trustee deems reasonable for the proper support of the surviving spouse for the period of twelve months following the death of the settlor. The trustee shall take into consideration the station of life of the settlor’s surviving spouse, the assets and condition of the trust, the probate and nonprobate assets received by the surviving spouse by reason of the settlor’s death, and the income and other resources of the surviving spouse. The allowance may also include such additional amount as the trustee deems reasonable for the proper support, during such period, of the dependents of the settlor who reside with the surviving spouse. If an application for a support allowance has not been filed within four months following service of the notice by or on behalf of the surviving spouse and the dependents of the settlor who reside with the surviving spouse, the surviving spouse and dependents of the settlor shall be deemed to have waived the right to apply for a support allowance during the administration of the trust.
3. A surviving spouse who qualifies for a support allowance under this section may waive the right to such allowance for the surviving spouse and for the dependents of the settlor who reside with the surviving spouse by submitting an affidavit with the trustee acknowledging receipt of notice and irrevocably waiving the right to an allowance under this section.
4. The opening of an estate for the settlor shall terminate the right of the surviving spouse to apply for a spousal allowance from the trustee of the settlor’s revocable trust or to receive additional support payments from the trust unless the personal representative consents to a continuation of the support payments. If a spousal allowance has been paid from trust assets, the trustee or trust beneficiaries shall have a right subject to court approval to be reimbursed from the settlor’s estate for such payment until the final report of the settlor’s estate has been approved.
2012 Acts, ch 1123, §25, 32
Referred to in §633.374, 633A.3110, 633A.3115
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.4101 - Acceptance or declination to serve as trustee.

633A.4101 Acceptance or declination to serve as trustee.
1. A person named as trustee accepts the office of trustee by doing one of the following:
a. Signing the trust instrument, or signing a separate written acceptance.
b. Except as provided in subsection 3, knowingly accepting delivery of the trust property or exercising powers or performing duties as trustee.
2. A person named as trustee who has not yet accepted the office of trustee may in writing decline to serve as trustee.
3. If there is an immediate risk of damage to the trust property, the person named as trustee may act to preserve the trust property without accepting the office of trustee, if within a reasonable time after acting, the person delivers a written declination to serve to the settlor, or if the settlor is dead or lacks capacity, to the beneficiaries eligible to receive income or principal distributions from the trust.
99 Acts, ch 125, §36, 109; 2000 Acts, ch 1150, §20
C2001, §633.4101
2005 Acts, ch 38, §54
CS2005, §633A.4101
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.4102 - Trustee’s bond.

633A.4102 Trustee’s bond.
1. A trustee is not required to give a bond to secure performance of the trustee’s duties unless one of the following applies:
a. A bond is expressly required by the terms of the trust.
b. A bond is found by the court to be necessary to protect the interests of beneficiaries, regardless of the terms of the trust.
2. If a bond is required, it must be filed, and be in an amount and with sureties and liabilities as the court may order. The court may excuse a requirement of a bond, reduce or increase the amount of a bond, release a surety, or permit the substitution of another bond with the same or different sureties.
3. The amount of a bond otherwise required may be reduced by the value of trust property deposited with a financial institution in a manner that prevents its unauthorized disposition, and by the value of real property which the trustee, by express limitation of power, lacks power to convey without court authorization.
4. Except as otherwise provided by the terms of the trust or ordered by the court, the cost of a bond is charged to the trust.
5. A bank or trust company shall not be required to give a bond, whether or not the terms of the trust require a bond.
99 Acts, ch 125, §37, 109
C2001, §633.4102
2005 Acts, ch 38, §54
CS2005, §633A.4102
Referred to in §633A.6105
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.4103 - Actions by cotrustees.

633A.4103 Actions by cotrustees.
Unless the terms of the trust provide otherwise, the following apply to actions of cotrustees:
1. A power held by cotrustees may be exercised by majority action.
2. If impasse occurs due to the failure to reach a majority decision, any trustee may petition the court to decide the issue, or a majority of the trustees may consent to an alternative form of dispute resolution.
3. If a vacancy occurs in the office of a cotrustee, the remaining cotrustees may act for the trust as if they are the only trustees.
4. If a cotrustee is unavailable to perform duties because of absence, illness, or other temporary incapacity, the remaining cotrustees may act for the trust, as if they were the only trustees, if necessary to accomplish the purposes of the trust or to avoid irreparable injury to the trust property.
99 Acts, ch 125, §38, 109
C2001, §633.4103
2005 Acts, ch 38, §54
CS2005, §633A.4103
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.4104 - Vacancy in office of trustee.

633A.4104 Vacancy in office of trustee.
A vacancy in the office of trustee exists if any of the following occurs:
1. The person named as trustee declines to serve as trustee.
2. The person named as trustee cannot be identified or does not exist.
3. The trustee resigns or is removed.
4. The trustee dies.
5. A guardian or conservator of the trustee’s person or estate is appointed.
99 Acts, ch 125, §39, 109; 2000 Acts, ch 1150, §21
C2001, §633.4104
2005 Acts, ch 38, §54
CS2005, §633A.4104