reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.4-417 - Combination and division of trusts.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.4-417. Combination and division of trusts. —
After notice to the qualified beneficiaries, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts, if the result does not impair rights of any beneficiary or adversely affect achievement of the purposes of the trust. The terms of each new trust created by a division under this section do not have to be identical if the interest of each beneficiary is substantially the same under the terms of the trust prior to its division and the combined terms of all trusts after the division. Two or more trusts may be combined into a single trust if the interests of each beneficiary in the trust resulting from the combination are substantially the same as the combined interests of the beneficiary in the trusts prior to the combination. The trustee shall determine the terms controlling any trust after its combination as authorized by this section.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.4-418 - Distribution of trust income or principal to qualified remainder beneficiary, when — applicability to irrevocable trust, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2009
456.4-418. Distribution of trust income or principal to qualified remainder beneficiary, when — applicability to irrevocable trust, when. —
1. During any period of time that this section applies to an irrevocable trust, the trustee shall have the authority in its discretion to distribute trust income or principal to a qualified remainder beneficiary of the trust. For purposes of this section, a
"qualified remainder beneficiary"
is a descendant of a permissible distributee who will be eligible to receive distributions of trust income or principal, whether mandatory or discretionary, upon the termination of the interest of such permissible distributee or upon the termination of the trust.
2. This section shall apply to an irrevocable trust that is administered in this state if:
(1) The trustee may distribute trust income or principal to one or more permissible distributees;
(2) No distributions of trust income or principal have been made to any permissible distributee during the ten-year period preceding the notice required by subsection 5 of this section;
(3) The trustee determines that there will be sufficient assets in the trust for the trustee to meet its obligations to the permissible distributees after any distributions authorized by this section;
(4) The trustee determines that the application of this section to the trust is not inconsistent with a material purpose of the trust;
(5) The trustee determines that the application of this section to a trust that is exempt from the federal generation-skipping transfer tax will not cause the trust to become subject to such tax; and
(6) The trust became irrevocable on or before September 25, 1985.
3. After the trustee determines that this section applies to a trust, this section shall continue to apply to the trust until the first to occur of the following:
(1) The termination of the interests of all the beneficiaries who were permissible distributees on the date of the notice required by subsection 5 of this section;
(2) The termination of the trust; or
(3) The trustee determines that additional distributions under this section will impair the ability of the trustee to meet its obligation to the permissible distributees.
4. A spendthrift provision in the terms of a trust is not presumed inconsistent with the application of this section to the trust.
5. The trustee shall notify the qualified beneficiaries of the trust that the trustee has determined that this section applies to a trust not less than sixty days before distributing trust income or principal to any qualified remainder beneficiary.
6. A trustee acting in good faith shall not be liable to any beneficiary for acting or failing to act under this section.
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(L. 2009 H.B. 239)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.5-501 - Rights of beneficiary's creditor or assignee, exceptions.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2007, 3 histories
456.5-501. Rights of beneficiary's creditor or assignee, exceptions. —
Except as otherwise provided in sections 456.5-502 to 456.5-507, to the extent a beneficiary's interest is not subject to a spendthrift provision, an assignee or a judgment creditor of the beneficiary may, without court order, reach the beneficiary's interest by attachment of present or future distributions to or for the benefit of the beneficiary or other means. The court may limit the award to such relief as is appropriate under the circumstances.
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(L. 2004 H.B. 1511, A.L. 2006 S.B. 892, A.L. 2007 H.B. 220)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.5-502 - Spendthrift provision.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.5-502. Spendthrift provision. —
1. A spendthrift provision is valid if it restrains either the voluntary or involuntary transfer or both the voluntary and involuntary transfer of a beneficiary's interest.
2. 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 transfers of the beneficiary's interest.
3. A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in sections 456.5-501 to 456.5-507, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before its receipt by the beneficiary.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.5-503 - Exceptions to spendthrift provision.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.5-503. Exceptions to spendthrift provision. —
1. In this section,
(1)
"Child"
includes any person for whom an order or judgment for child support has been entered in this or another state, and
(2)
"Judgment"
means a judgment which may be executed in this state.
2. Even if a trust contains a spendthrift provision, a beneficiary's child, spouse, or former spouse who has a judgment against the beneficiary for support or maintenance, or a judgment creditor who has provided services for the protection of a beneficiary's interest in the trust, may obtain from a court an order attaching present or future trust income. If there is more than one permissible distributee, the court may grant relief as is equitable under the circumstances.
3. A spendthrift provision is unenforceable against a claim of this state or the United States to the extent a statute of this state or federal law so provides.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.5-504 - Discretionary trusts, interest not enforceable, when — applicability — effect of standard — limitation on access to records.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2022, 3 histories
456.5-504. Discretionary trusts, interest not enforceable, when — applicability — effect of standard — limitation on access to records. —
1. A beneficiary's interest in a trust that is subject to the trustee's discretion does not constitute an interest in property or an enforceable right even if the discretion is expressed in the form of a standard of distribution or the beneficiary is then serving as a trustee or cotrustee. A creditor or other claimant may not attach present or future distributions from such an interest or right, obtain an order from a court forcing the judicial sale of the interest or compelling the trustee to make distributions, or reach the interest or right by any other means, even if the trustee has abused the trustee's discretion.
2. This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution.
3. This section applies whether or not an interest is subject to a spendthrift provision.
4. For purposes of this section, a beneficiary's interest in a trust is subject to the trustee's discretion if that interest does not constitute a mandatory distribution as defined in subsection 1 of section 456.5-506.
5. Whether or not a trust contains a spendthrift provision, no creditor or other person making a claim against a beneficiary shall be entitled to any information relating to the trust's assets or other trust records if distributions to the beneficiary are solely within the discretion of the trustee. The provisions of this subsection shall apply during the term of the trust, regardless of whether the beneficiary is also a potential remainder beneficiary of the trust.
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(L. 2004 H.B. 1511, A.L. 2006 S.B. 892, A.L. 2022 S.B. 886)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.5-506 - Mandatory distribution defined — overdue distribution.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2006, 2 histories
456.5-506. Mandatory distribution defined — overdue distribution. —
1. As used in this section,
"mandatory distribution"
means a distribution of income or principal which the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust. The term does not include a distribution subject to the exercise of the trustee's discretion even if (1) the discretion is expressed in the form of a standard of distribution, or (2) the terms of the trust authorizing a distribution couple language of discretion with language of direction.
2. Whether or not a trust contains a spendthrift provision, 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.
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(L. 2004 H.B. 1511, A.L. 2006 S.B. 892)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.5-507 - Personal obligations of trustee.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.5-507. Personal obligations of trustee. —
Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.5-508 - Creditor claim, appointive property not subject to, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016, 2 histories
456.5-508. Creditor claim, appointive property not subject to, when. —
1. Except as provided in sections 456.970 to 456.1135:
(1) Appointive property subject to a general power of appointment exercisable only at the powerholder's death is not subject to the claim of a creditor;
(2) Appointive property subject to a nongeneral power of appointment is not subject to the claim of a creditor.
2. This section shall not limit the ability of a creditor or other claimant to reach a beneficial interest as otherwise provided in sections 456.5-501 to 456.5-507.
3. As used in this section, the terms "appointive property", "general power of appointment", "nongeneral power of appointment", and "claim of a creditor" shall have the same meaning as defined in section 456.975.
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(L. 2011 S.B. 59, A.L. 2016 H.B. 1765)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.6-601 - Capacity of settlor of revocable trust.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.6-601. Capacity of settlor of revocable trust. —
The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.6-602 - Revocation or amendment of revocable trust.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.6-602. Revocation or amendment of revocable trust. —
1. Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before January 1, 2005.
2. If a revocable trust is created or funded by more than one settlor:
(1) to the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses; and
(2) to the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor's contribution.
3. The settlor may revoke or amend a revocable trust:
(1) if the terms of the trust provide a method of amendment or revocation, by substantially complying with any method provided in the terms of the trust; or
(2) if the terms of the trust do not provide a method, by any other method manifesting clear and convincing evidence of the settlor's intent, including the terms of a later duly probated will or codicil that identify the trust being revoked or the trust terms being amended.
4. Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.
5. A settlor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust or the power.
6. A conservator of the settlor or, if no conservator has been appointed, a conservator ad litem of the settlor may exercise a settlor's powers with respect to revocation, amendment, or distribution of trust property only with the approval of the court supervising the conservator or the conservator ad litem.
7. A trustee who does not know that a trust has been revoked or amended is not liable to the settlor or settlor's successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.6-603 - Settlor's powers — powers of withdrawal.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.6-603. Settlor's powers — powers of withdrawal. —
1. While a trust is revocable and the settlor has capacity to revoke the trust, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor.
2. A settlor is presumed to have capacity for the purposes of subsection 1 of this section until either the settlor is adjudicated totally incapacitated or disabled or the trustee has received an affidavit of incapacity.
3. If a revocable trust has more than one settlor, the duties of the trustee are owed to all of the settlors having capacity to revoke the trust.
4. During the period the power may be exercised, the holder of a power of withdrawal has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power.
5. In this section, an
"affidavit of incapacity"
means a written certificate furnished by at least one licensed medical doctor that states that the settlor lacks capacity to revoke the trust.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.6-604 - Limitation on action contesting validity of revocable trust — distribution of trust property.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.6-604. Limitation on action contesting validity of revocable trust — distribution of trust property. —
1. A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earliest of:
(1) two years after the settlor's death;
(2) six months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding; or
(3) in the case of a trust that was revocable at the settlor's death that is entitled to a distribution under the settlor's will, on the date that any contest of that will is barred under the provisions of section 473.083, provided that a copy of the trust instrument was filed with the probate division within ninety days of the first publication of notice of granting of letters on the estate of the decedent under section 473.033.
2. For purposes of subdivision (2) of subsection 1 of this section, the trustee may provide the documentation and information set forth in that subsection to:
(1) all persons who would be entitled to notice of granting of letters on the estate of the decedent under section 473.033; and
(2) all persons whose interests are, in the opinion of the trustee, adversely affected by the terms of the trust.
3. Upon the death of the settlor of a trust that was revocable at the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless:
(1) the trustee knows of a pending judicial proceeding contesting the validity of the trust; or
(2) a potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within sixty days after the contestant sent the notification.
4. A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.7-701 - Accepting or declining trusteeship.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.7-701. Accepting or declining trusteeship. —
1. Except as otherwise provided in subsection 3 of this section, a person designated as trustee accepts the trusteeship:
(1) by substantially complying with a method of acceptance provided in the terms of the trust; or
(2) if the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship.
2. A person designated as trustee who has not yet accepted the trusteeship may decline the trusteeship. A designated trustee who does not accept the trusteeship within a reasonable time after knowing of the designation is deemed to have declined the trusteeship.
3. A person designated as trustee, without accepting the trusteeship, may:
(1) act to preserve the trust property if, within a reasonable time after acting, the person sends a declination of the trusteeship to the settlor or, if the settlor is dead or lacks capacity, to a qualified beneficiary; and
(2) inspect or investigate trust property to determine potential liability under environmental or other law or for any other purpose.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.7-702 - Trustee's bond.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.7-702. Trustee's bond. —
1. A trustee shall give bond to secure performance of the trustee's duties only if the court finds that a bond is needed to protect the interests of the beneficiaries or is required by the terms of the trust and the court has not dispensed with the requirement.
2. The court may specify the amount of a bond, its liabilities, and whether sureties are necessary. The court may modify or terminate a bond at any time.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.7-703 - Cotrustees.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2006, 2 histories
456.7-703. Cotrustees. —
1. Cotrustees shall act by majority decision.
2. If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust.
3. A cotrustee must participate in the performance of a trustee's function unless the cotrustee is unavailable to perform the function because of absence, illness, disqualification under other law, or other temporary incapacity or the cotrustee has properly delegated the performance of the function to another trustee.
4. If a cotrustee is unavailable to perform duties because of absence, illness, disqualification under other law, or other temporary incapacity, and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust.
5. A trustee may delegate to a cotrustee the performance of a function in accordance with subsection 1 of section 456.8-807. Unless a delegation was irrevocable, a trustee may revoke a delegation previously made.
6. Except as otherwise provided in subsection 7 of this section, a trustee who does not join in an action of another trustee is not liable for the action.
7. Each trustee shall exercise reasonable care to:
(1) prevent a cotrustee from committing a serious breach of trust; and
(2) compel a cotrustee to redress a serious breach of trust.
8. A dissenting trustee who joins in an action at the direction of the majority of the trustees and who notified any cotrustee of the dissent at or before the time of the action is not liable for the action unless the action is a serious breach of trust.
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(L. 2004 H.B. 1511, A.L. 2006 S.B. 892)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.7-704 - Vacancy in trusteeship — appointment of successor.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.7-704. Vacancy in trusteeship — appointment of successor. —
1. A vacancy in a trusteeship occurs if:
(1) a person designated as trustee declines the trusteeship;
(2) a person designated as trustee cannot be identified or does not exist;
(3) a trustee resigns;
(4) a trustee is disqualified or removed;
(5) a trustee dies; or
(6) a guardian or conservator is appointed for an individual serving as trustee.
2. If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee.
3. A vacancy in a trusteeship required to be filled must be filled in the following order of priority:
(1) by a person designated in or pursuant to the terms of the trust to act as successor trustee;
(2) by a person appointed by a majority in number of the qualified beneficiaries; or
(3) by a person appointed by the court.
4. Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.7-705 - Resignation of trustee.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.7-705. Resignation of trustee. —
1. A trustee may resign:
(1) upon at least 30 days' notice to the qualified beneficiaries, the settlor, if living, and all cotrustees; or
(2) with the approval of the court.
2. In approving a resignation, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property.
3. Any liability of a resigning trustee or of any sureties on the trustee's bond for acts or omissions of the trustee is not discharged or affected by the trustee's resignation.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.7-706 - Removal of trustee.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016, 2 histories
456.7-706. Removal of trustee. —
1. The settlor, a cotrustee, or a qualified beneficiary may request the court to remove a trustee, or a trustee may be removed and replaced by the court within its discretion on its own initiative.
2. The court within its discretion may remove and replace a trustee under the following circumstances:
(1) the trustee has committed a serious breach of trust;
(2) lack of cooperation among cotrustees substantially impairs the administration of the trust;
(3) because of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or
(4) the trustee has substantially and materially reduced the level of services provided to that trust and has failed to reinstate a substantially equivalent level of services within ninety days after receipt of notice by the settlor, a cotrustee, or a qualified beneficiary or removal is requested by all of the qualified beneficiaries and in either such case the party seeking removal establishes to the court that:
(a) removal of the trustee best serves the interests of all of the beneficiaries;
(b) removal of the trustee is not inconsistent with a material purpose of the trust; and
(c) a suitable cotrustee or successor trustee is available and willing to serve.
3. In an action to remove a trustee under subdivision (4) of subsection 2 of this section, the following apply:
(1) In the event that a corporation is the trustee being removed, a replacement cotrustee or successor trustee shall be such trustee or trustees as the court finds suitable under the circumstances.
(2) In the event that a successor trustee is not appointed under the provisions of section 456.7-704 or the court finds that all potential successor trustees are not suitable, then the court may appoint such trustee or trustees as the court finds suitable under the circumstances.
(3) With respect to a trust created under an instrument executed before January 1, 2005, the provisions of subdivision (4) of subsection 2 of this section shall not apply if the instrument contains any language or procedures concerning removal of any trustee designated in the trust instrument.
4. Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under subsection 2 of section 456.10-1001 as may be necessary to protect the trust property or the interests of the beneficiaries.
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(L. 2004 H.B. 1511, A.L. 2016 H.B. 1765)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.7-707 - Delivery of property by former trustee.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.7-707. Delivery of property by former trustee. —
1. Unless a cotrustee remains in office or the court otherwise orders, and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property.
2. A trustee who has resigned or been removed shall proceed expeditiously to deliver the trust property within the trustee's possession to the cotrustee, successor trustee, or other person entitled to it.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.7-708 - Compensation of trustee.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.7-708. Compensation of trustee. —
1. If the terms of a trust do not specify the trustee's compensation, a trustee is entitled to compensation that is reasonable under the circumstances.
2. If the terms of a trust specify the trustee's compensation, the trustee is entitled to be compensated as specified, but the court may allow more or less compensation if:
(1) the duties of the trustee are substantially different from those contemplated when the trust was created; or
(2) the compensation specified by the terms of the trust would be unreasonably low or high.
3. For purposes of this section, reasonable compensation may include fees that take into account the administration of both income and principal whether or not the will or trust instrument contains provisions relating to compensation of the trustee.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.7-709 - Reimbursement of expenses.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.7-709. Reimbursement of expenses. —
1. A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for:
(1) expenses that were properly incurred in the administration of the trust; and
(2) to the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust.
2. An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.8-801 - Duty to administer trust.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.8-801. Duty to administer trust. —
Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with sections 456.1-101 to 456.11-1106.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.8-803 - Impartiality.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.8-803. Impartiality. —
If a trust has two or more beneficiaries, the trustee shall act impartially in investing, managing, and distributing the trust property, giving due regard to the beneficiaries' respective interests.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.8-804 - Prudent administration.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.8-804. Prudent administration. —
A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distributional requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.8-805 - Costs of administration.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.8-805. Costs of administration. —
In administering a trust, the trustee may incur only costs that are reasonable in relation to the trust property, the purposes of the trust, and the skills of the trustee.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.8-806 - Trustee's skills.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.8-806. Trustee's skills. —
A trustee who has special skills or expertise, or is named trustee in reliance upon the trustee's representation that the trustee has special skills or expertise, shall use those special skills or expertise.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.8-807 - Delegation by trustee.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.8-807. Delegation by trustee. —
1. A trustee may delegate to an agent duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in:
(1) selecting an agent;
(2) establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and
(3) periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation.
2. In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation.
3. A trustee who complies with subsection 1 of this section is not liable to the beneficiaries or to the trust for an action of the agent to whom the function was delegated.
4. By accepting a delegation of powers or duties from the trustee of a trust that is subject to the law of this state, an agent submits to the jurisdiction of the courts of this state.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.8-809 - Control and protection of trust property.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.8-809. Control and protection of trust property. —
A trustee shall take reasonable steps to take control of and protect the trust property, except that this duty does not apply to, and the trustee is not responsible for, items of tangible personal property that are property of a trust revocable by the settlor and that are not in the possession or control of the trustee.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.8-810 - Record keeping and identification of trust property.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.8-810. Record keeping and identification of trust property. —
1. A trustee shall keep adequate records of the administration of the trust.
2. A trustee shall keep trust property separate from the trustee's own property.
3. Except as otherwise provided in subsection 4 of this section, a trustee shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary.
4. If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of two or more separate trusts.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.8-811 - Enforcement and defense of claims.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.8-811. Enforcement and defense of claims. —
A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.8-812 - Collecting trust property.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.8-812. Collecting trust property. —
A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee, and to redress a breach of trust known to the trustee to have been committed by a former trustee.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.8-814 - Discretionary powers — tax savings.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2006, 2 histories
456.8-814. Discretionary powers — tax savings. —
1. Notwithstanding the use of such terms as "absolute,""sole," or "uncontrolled," in the exercise of discretion under an ascertainable standard, the trustee shall exercise such discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.
2. Subject to subsection 4 of this section, and unless the terms of the trust expressly indicate that a rule in this subsection does not apply:
(1) a person other than a settlor who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary distributions to or for the trustee's personal benefit may exercise the power only in accordance with an ascertainable standard;
(2) a trustee may not exercise a power to make discretionary distributions to satisfy a legal obligation of support that the trustee personally owes another person; and
(3) for purposes of this subsection 2 of this section, the term
"trustee"
shall include a person who is deemed to have any power of a trustee, whether because such person has the right to remove or replace any trustee, because a reciprocal trust or power doctrine applies, or for any other reason.
3. A power whose exercise is limited or prohibited by subsection 2 may be exercised by a majority of the remaining trustees whose exercise of the power is not so limited or prohibited. If the power of all trustees is so limited or prohibited, the court may appoint a special fiduciary with authority to exercise the power.
4. Subsection 2 of this section does not apply to:
(1) a power held by the settlor's spouse who is the trustee of a trust for which a marital deduction, as defined in Section 2056(b)(5) or 2523(b)(5) of the Internal Revenue Code was previously allowed;
(2) any trust during any period that the trust may be revoked or amended by its settlor; or
(3) a trust if contributions to the trust qualify for the annual exclusion under Section 2503(c) of the Internal Revenue Code.
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(L. 2004 H.B. 1511, A.L. 2006 S.B. 892)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.8-815 - General powers of trustee.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.8-815. General powers of trustee. —
1. A trustee, without authorization by the court, may exercise:
(1) powers conferred by the terms of the trust; and
(2) except as limited by the terms of the trust:
(a) all powers over the trust property which an unmarried competent owner has over individually owned property;
(b) any other powers appropriate to achieve the proper investment, management, and distribution of the trust property; and
(c) any other powers conferred by sections 456.1-101 to 456.11-1106.
2. The exercise of a power is subject to the fiduciary duties prescribed by section 456.8-801 to 456.8-814.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.8-817 - Distribution upon termination.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.8-817. Distribution upon termination. —
1. Upon termination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. The right of any beneficiary to object to the proposed distribution terminates if the beneficiary does not notify the trustee of an objection within thirty days after the proposal was sent but only if the proposal informed the beneficiary of the right to object and of the time allowed for objection.
2. Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes.
3. A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent:
(1) it was induced by improper conduct of the trustee; or
(2) the beneficiary, at the time of the release, did not know of the beneficiary's rights or of the material facts relating to the breach.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.10-1001 - Remedies for breach of trust.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.10-1001. Remedies for breach of trust. —
1. A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
2. To remedy a breach of trust that has occurred or may occur, the court may:
(1) compel the trustee to perform the trustee's duties;
(2) enjoin the trustee from committing a breach of trust;
(3) compel the trustee to redress a breach of trust by paying money, restoring property, or other means;
(4) order a trustee to account;
(5) appoint a special fiduciary to take possession of the trust property and administer the trust;
(6) suspend the trustee;
(7) remove the trustee as provided in section 456.7-706;
(8) reduce or deny compensation to the trustee;
(9) subject to section 456.10-1012, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or
(10) order any other appropriate relief.
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(L. 2004 H.B. 1511)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.10-1002 - Damages for breach of trust.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.10-1002. Damages for breach of trust. —
1. A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of:
(1) the amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or
(2) the profit the trustee made by reason of the breach.
2. Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees that are also liable. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.
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(L. 2004 H.B. 1511)
Effective 1-01-05