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 456.035 - Evidence as to death or status — five-year absence presumption of death.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2004
456.035. Evidence as to death or status — five-year absence presumption of death. —
1. A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, place, date and time of death and the identity of the deceased settlor, trustee, beneficiary or other interested person.
2. A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that a person is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances and places disclosed by the record or report.
3. A person who is absent for a continuous period of five years, during which he has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry is presumed to be dead. His death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.
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(L. 1983 H.B. 117, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.620
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 456.037 - Trust property — when deemed unclaimed.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2004
456.037. Trust property — when deemed unclaimed. —
1. Property of any kind remaining in a trust which is not subject to administration or distribution to or for an identifiable beneficiary may be deemed to be unclaimed property when the trustee, after reasonable and diligent search, is unable to find or ascertain the existence of any heirs, legal representatives, successors or assigns of any beneficiary to whom such property is distributable by the trust instrument, by any other instrument pertaining to the trust estate, or by the laws of Missouri.
2. Property of any kind remaining in a trust, which is distributable to or for the benefit of an identified beneficiary, may be deemed to be unclaimed when such beneficiary has, for three years after a good faith attempt to notify him in writing of his right to such property, failed or refused to claim the property.
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(L. 1983 H.B. 117, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.640
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 456.039 - Procedure by trustee with respect to unclaimed property.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2004
456.039. Procedure by trustee with respect to unclaimed property. —
1. Any trustee holding such unclaimed property may file with the state treasurer a verified statement setting forth the reason or reasons why such property is presumed to be unclaimed, the efforts made to find or ascertain any heirs, legal representatives, successors or assigns of any beneficiary or beneficiaries to whom such property is distributable, a list of all instruments known to the trustee that pertain to the trust and their location, with copies of those that are in possession of the trustee, and any further facts causing the trustee to believe that the property is unclaimed, and transfer such property to the state treasurer, who shall issue his receipt therefor.
2. All property so received shall be credited to the escheat fund of the state of Missouri.
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(L. 1983 H.B. 117, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.650
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 456.041 - Unclaimed property — liability of trustee.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2004
456.041. Unclaimed property — liability of trustee. —
1. The payment or delivery of such unclaimed property to the state treasurer by the trustee shall terminate any legal relationship between the trustee and beneficiary or apparent beneficiary to receive such property and shall release and discharge the trustee from any and all liability to such beneficiary, his heirs, personal representatives, successors and assigns by such payment or delivery, regardless of whether such property is in fact or in law unclaimed property.
2. Such payment or delivery may be pleaded as a bar to recovery and shall be a defense in any suit or action brought by the apparent owner, or his heirs, personal representatives, successors or assigns, or any claimant against the trustee by reason of the delivery of payment.
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(L. 1983 H.B. 117, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.660
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 456.970 - Short title.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.970. Short title. —
Sections 456.970 to 456.1135 shall be known and may be cited as the "Missouri Uniform Powers of Appointment Act".
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(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 456.980 - Governing Law — common law and principles of equity.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.980. Governing Law — common law and principles of equity. —
1. The creation, revocation, or amendment of the power is governed by the law of the donor's domicile at the relevant time, and the exercise, release, or disclaimer of the power, or the revocation or amendment of the exercise, release, or disclaimer of the power, is governed by the law of the powerholder's domicile at the relevant time.
2. The common law and principles of equity supplement sections 456.970 to 456.1135, except to the extent modified by such sections or other laws of this state.
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(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 456.985 - Act to govern powers — exceptions.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2018, 2 histories
456.985. Act to govern powers — exceptions. —
1. Except as otherwise provided in the terms of an instrument creating or exercising a power of appointment, sections 456.970 to 456.1135 govern powers of appointment.
2. The terms of an instrument creating or exercising a power of appointment prevail over any provisions of sections 456.970 to 456.1135 except:
(1) The requisites for the creation of a power of appointment under subsections 1 to 4 of section 456.990;
(2) The transferability of a power of appointment by a powerholder under subsection 1 of section 456.995;
(3) The limitations on the authority of a donor to extend a general power of appointment beyond the death of a powerholder under subsection 3 of section 456.995;
(4) The power is exclusionary if the permissible appointees of a power of appointment are not defined and limited under subsection 3 of section 456.1005;
(5) The requisites for the exercise of a power of appointment under section 456.1015;
(6) The effect of an impermissible appointment under section 456.1045;
(7) A general power of appointment which is presently exercisable may be reached by the creditors of the powerholder or the powerholder's estate under section 456.1100.
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(L. 2016 H.B. 1765, A.L. 2018 H.B. 1250)
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 456.990 - Creations of power of appointment.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.990. Creations of power of appointment. —
1. A power of appointment is created only if:
(1) The instrument creating the power:
(a) Is valid under applicable law; and
(b) Except as otherwise provided in subsection 2 of this section transfers the appointive property; and
(2) The terms of the instrument creating the power manifest the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.
2. Paragraph (b) of subdivision (1) of subsection 1 of this section does not apply to the creation of a power of appointment by the exercise of a power of appointment.
3. Power of appointment may not be created in a deceased individual.
4. Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.
5. Any property that is the subject of an invalid power of appointment shall be transferred, held or otherwise disposed of in accordance with the valid provisions of the instrument attempting to create the power, if any such provisions exist, or if none, in accordance with other applicable laws, as the case may be.
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(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 456.995 - Nontransferability.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.995. Nontransferability. —
1. A powerholder may not transfer a power of appointment.
2. Except as provided in subsection 3 of this section, to the extent a powerholder dies without effectively disclaiming, exercising or releasing a power, the power lapses upon the death of the powerholder.
3. (1) A general power of appointment may provide that the power shall survive the death of the powerholder in the hands of the powerholder's personal representative. Such provision shall be valid only to the extent the powerholder dies after he or she effectively receives the general power, but within the period for disclaiming the power, and only to the extent the powerholder has not disclaimed, exercised or released the power. Under such circumstances, the personal representative of the powerholder may either exercise the power in favor of the powerholder's estate, if the estate is a permissible appointee, or disclaim the power as provided by section 456.1080.
(2) If the power is neither exercised nor disclaimed by the powerholder's personal representative as stated, the power shall lapse at the earlier of the end of the period for making a disclaimer under other applicable Missouri laws or the end of the period in which the power is valid under its terms.
(3) The terms of a general power of appointment providing that "this power of appointment shall survive the death of the powerholder", or words of similar import, shall be sufficient to extend the power after the death of a powerholder in the hands of his or her personal representative in this subsection.
(4) In addition to the protections otherwise afforded under applicable law, the personal representative shall not be individually liable for his or her actions or inactions under this subsection if he or she does not have actual knowledge of the power and all pertinent circumstances reasonably necessary for him or her to make a determination on the exercise, disclaimer or lapse of the power at least one hundred
*
twenty days prior to the end of the period for making a disclaimer or the end of the period in which the power is valid under its terms, whichever first occurs. The foregoing exemption from liability shall not apply if the personal representative exercises or disclaims the power or allows the power to lapse in bad faith.
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(L. 2016 H.B. 1765)
*Word "and" appears here in original rolls.
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 456.1000 - Presumption of unlimited authority — exception to presumption of unlimited authority.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1000. Presumption of unlimited authority — exception to presumption of unlimited authority. —
1. Subject to section 456.1005, the power is:
(1) Presently exercisable;
(2) Exclusionary; and
(3) Except as otherwise provided in subsection 2 of this section, general.
2. The power is nongeneral if:
(1) The power is exercisable only at the powerholder's death; and
(2) The permissible appointees of the power are a defined and limited class that does not include the powerholder's estate, the powerholder's creditors, or the creditors of the powerholder's estate.
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(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 456.1005 - Rules of classification.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1005. Rules of classification. —
1. As used in this section,
"adverse party"
means a person with a substantial beneficial interest in property which would be affected adversely by a powerholder's exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate.
2. If a powerholder may exercise a power of appointment only with the consent or joinder of an adverse party, the power is nongeneral.
3. If the permissible appointees of a power of appointment are not defined and limited, the power is exclusionary.
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(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 456.1010 - Power to revoke or amend.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1010. Power to revoke or amend. —
A donor may revoke or amend a power of appointment only to the extent that the instrument creating the power is revocable by the donor, or the donor reserves a power of revocation or amendment in the instrument creating the power of appointment.
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(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 456.1015 - Requisites for exercise of power of appointment.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1015. Requisites for exercise of power of appointment. —
A power of appointment is exercised only if:
(1) The instrument exercising the power is valid under applicable law;
(2) The terms of the instrument exercising the power:
(a) Manifest the powerholder's intent to exercise the power; and
(b) Subject to section 456.1030, satisfy the requirements of exercise, if any, imposed by the donor; and
(3) To the extent the appointment is a permissible exercise of the power.
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(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 456.1020 - Intent to exercise — determining intent from residuary clause.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1020. Intent to exercise — determining intent from residuary clause. —
1. As used in this section:
(1)
"Residuary clause"
does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause; and
(2)
"Will"
includes a codicil and a testamentary instrument that revises another will.
2. A residuary clause in a powerholder's will or a comparable clause in the powerholder's revocable trust manifests the powerholder's intent to exercise a power of appointment only if:
(1) The power is a general power exercisable in favor of the powerholder's estate;
(2) There is no gift-in-default clause or the clause is ineffective; and
(3) The powerholder did not release the power.
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(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 456.1025 - Intent to exercise — after-acquired power.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1025. Intent to exercise — after-acquired power. —
1. Except as otherwise provided in subsection 2 of this section, a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument containing the clause.
2. If the powerholder is also the donor of the power, the clause does not extend to the power unless there is no gift-in-default clause or the gift-in-default clause is ineffective.
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(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 456.1030 - Substantial compliance with donor-imposed formal requirement.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1030. Substantial compliance with donor-imposed formal requirement. —
A powerholder's substantial compliance with a formal requirement of appointment imposed by the donor is sufficient if the powerholder knows of and intends to exercise the power, and the powerholder's manner of attempted exercise of the power does not impair a material purpose of the donor in imposing the requirement.
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(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 456.1035 - Permissible appointment.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2018, 2 histories
456.1035. Permissible appointment. —
1. A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder's estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powerholder's own property.
2. A powerholder of a general power of appointment that permits appointment only to the creditors of the powerholder or of the powerholder's estate may appoint only to those creditors.
3. The powerholder of a nongeneral power may:
(1) Make an appointment in any form, including an appointment in trust, in favor of a permissible appointee;
(2) Create a general power or nongeneral power in a permissible appointee; or
(3) Create a nongeneral power in any person to appoint to one or more of the permissible appointees of the original nongeneral power.
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(L. 2016 H.B. 1765, A.L. 2018 H.B. 1250)
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 456.1040 - Appointment to deceased appointee or permissible appointee's descendant.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1040. Appointment to deceased appointee or permissible appointee's descendant. —
1. An appointment to a deceased appointee is ineffective.
2. A powerholder of a nongeneral power may exercise the power in favor of, or create a new power of appointment in, a descendant of a deceased permissible appointee whether or not the descendant is described by the donor as a permissible appointee and whether or not the descendant of a deceased permissible appointee was alive at the time of the execution of the instrument creating the power or at the time of the exercise of the power.
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(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 456.1045 - Impermissible appointment.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1045. Impermissible appointment. —
1. Except as otherwise provided in section 456.1040, an exercise of a power of appointment in favor of an impermissible appointee is ineffective.
2. An exercise of a power of appointment in favor of a permissible appointee is ineffective to the extent the appointment is a fraud on the power.
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(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 456.1050 - Selective allocation doctrine.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1050. Selective allocation doctrine. —
If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned property and the appointive property shall be allocated in the permissible manner that best carries out the powerholder's intent.
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(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 456.1055 - Capture doctrine — disposition of ineffectively appointed property under general power.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1055. Capture doctrine — disposition of ineffectively appointed property under general power. —
To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment:
(1) The gift-in-default clause controls the disposition of the ineffectively appointed property; or
(2) If there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property:
(a) Passes to the powerholder if the powerholder is a permissible appointee and living; or
(b) If the powerholder is an impermissible appointee or deceased, passes to the powerholder's estate if the estate is a permissible appointee; or
(c) If there is no taker under paragraph (a) or (b) of this subdivision, passes under a reversionary interest to the donor or the donor's transferee or successor in interest.
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(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 456.1060 - Disposition of unappointed property under released or unexercised general power.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1060. Disposition of unappointed property under released or unexercised general power. —
To the extent a powerholder releases or fails to exercise a general power of appointment other than a power to withdraw property from, revoke, or amend a trust, and except as provided in subsection 3 of section 456.995:
(1) The gift-in-default clause controls the disposition of the unappointed property; or
(2) If there is no gift-in-default clause or to the extent the clause is ineffective:
(a) Except as otherwise provided in paragraph (b) of this subdivision, the unappointed property passes to:
a. The powerholder if the powerholder is a permissible appointee and living; or
b. If the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or
(b) To the extent the powerholder released the power, or if there is no taker under paragraph (a) of this subdivision, the unappointed property passes under a reversionary interest to the donor or the donor's transferee or successor in interest.
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(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 456.1065 - Disposition of unappointed property under released or unexercised nongeneral power.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1065. Disposition of unappointed property under released or unexercised nongeneral power. —
To the extent a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment:
(1) The gift-in-default clause controls the disposition of the unappointed property; or
(2) If there is no gift-in-default clause or to the extent the clause is ineffective, the unappointed property:
(a) Passes to the permissible appointees if:
a. The permissible appointees are defined and limited; and
b. The terms of the instrument creating the power do not manifest a contrary intent; or
(b) If there is no taker under paragraph (a) of this subdivision, passes under a reversionary interest to the donor or the donor's transferee or successor in interest.
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(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 456.1070 - Disposition of unappointed property if partial appointment to taker in default — appointment to taker in default.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1070. Disposition of unappointed property if partial appointment to taker in default — appointment to taker in default. —
1. If the powerholder makes a valid partial appointment to a taker in default of appointment, the taker in default of appointment may share fully in unappointed property.
2. If a powerholder makes an appointment to a taker in default of appointment and the appointee would have taken the property in the same form, manner and amount under a gift-in-default clause had the property not been appointed, the power of appointment is deemed not to have been exercised and the appointee takes under the clause.
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(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 456.1075 - Powerholder's authority to revoke or amend exercise.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1075. Powerholder's authority to revoke or amend exercise. —
A powerholder may revoke or amend an exercise of a power of appointment at any time before the exercise becomes effective to transfer property to the appointee.
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(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 456.1080 - Disclaimer.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2018, 2 histories
456.1080. Disclaimer. —
As provided by sections 469.010 to 469.120, a powerholder may disclaim all or part of a power of appointment, and a permissible appointee, appointee, or taker in default of appointment may disclaim all or part of an interest in appointive property.
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(L. 2016 H.B. 1765, A.L. 2018 H.B. 1250)
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 456.1085 - Authority to release — method of release — revocation or amendment of release.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1085. Authority to release — method of release — revocation or amendment of release. —
1. A powerholder may release a power of appointment, in whole or in part, except to the extent the terms of the instrument creating the power prevent the release.
2. A powerholder of a releasable power of appointment may release the power in whole or in part:
(1) By substantial compliance with a method provided in the terms of the instrument creating the power; or
(2) If the terms of the instrument creating the power do not provide a method or the method provided in the terms of the instrument is not expressly made exclusive, by an instrument manifesting the powerholder's intent by clear and convincing evidence and delivered to the donor, the donor's personal representative, a guardian of the donor or the conservator of the estate of the donor, or the holder of the legal title to the property to which the interest related. A release involving an estate or property within the jurisdiction of the probate division of a circuit court may be filed in that division.
3. A powerholder may revoke or amend a release of a power of appointment only to the extent that:
(1) The instrument of release is revocable by the powerholder; or
(2) The powerholder reserves a power of revocation or amendment in the instrument of release.
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(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 456.1090 - Power to contract — presently exercisable power of appointment — power of appointment not presently exercisable.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1090. Power to contract — presently exercisable power of appointment — power of appointment not presently exercisable. —
1. A powerholder of a presently exercisable power of appointment may contract:
(1) Not to exercise the power; or
(2) To exercise the power if the contract when made does not confer a benefit on an impermissible appointee.
2. A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder:
(1) Is also the donor of the power; and
(2) Has reserved the power in a revocable trust.
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(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 456.1095 - Remedy for breach of contract to appoint or not to appoint.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1095. Remedy for breach of contract to appoint or not to appoint. —
The remedy for a powerholder's breach of contract to appoint or not to appoint property is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract.
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(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 456.1100 - Creditor claim — general power created by powerholder.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1100. Creditor claim — general power created by powerholder. —
1. As used in this section,
"power of appointment created by the powerholder"
includes a power of appointment created in a transfer by another person to the extent the powerholder contributed value to the transfer.
2. Appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of the powerholder or of the powerholder's estate to the extent provided in chapter 428.
3. Subject to subsection 2 of this section, appointive property subject to a general power of appointment created by the powerholder is not subject to a claim of a creditor of the powerholder or the powerholder's estate:
(1) To the extent the powerholder irrevocably appointed the property in favor of a person other than the powerholder or the powerholder's estate; and
(2) If the power is not presently exercisable.
4. Subject to subdivision (1) of subsection 3 of this section, and notwithstanding the presence of a spendthrift provision or whether the claim arose before or after the creation of the power of appointment, appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of the powerholder to the same extent as if the powerholder owned the appointive property, if the power is presently exercisable.
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(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 456.1105 - Creditor claim — general power not created by powerholder.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1105. Creditor claim — general power not created by powerholder. —
1. Except as otherwise provided in subsection 3 of this section, appointive property subject to an
*
exercisable general power of appointment created by a person other than the powerholder is subject to a claim of a creditor of the powerholder to the extent the powerholder's property is insufficient.
2. Appointive property subject to testamentary or not presently exercisable general power of appointment created by a person other than the powerholder is not subject to a claim of a creditor of the powerholder or the powerholder's estate.
3. Subject to subsection 3 of section 456.1115, a power of appointment created by a person other than the powerholder which is subject to an ascertainable standard relating to an individual's health, education, support, or maintenance within the meaning of Section 2041(b)(1)(A) or Section 2514(c)(1) of the Internal Revenue Code, is treated for purposes of sections 456.1100 to 456.1115 as a nongeneral power.
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(L. 2016 H.B. 1765)
*Word "a" appears in original rolls.
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 456.1110 - Power to withdraw.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1110. Power to withdraw. —
1. For purposes of sections 456.1100 to 456.1115, and except as otherwise provided in subsection 2 of this section, during the period the power may be exercised, a power of withdrawal shall be treated as a presently exercisable general power of appointment to the extent of the property subject to the power.
2. Upon the lapse, release, or waiver of a power to withdraw property from a trust, the power is treated as a presently exercisable general power of appointment only to the extent the value of the property affected by the lapse, release, or waiver exceeds the greater of the amount specified in Sections 2041(b)(2), 2514(e) or 2503(b) of the Internal Revenue Code.
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(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 456.1115 - Creditor claim — nongeneral power.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1115. Creditor claim — nongeneral power. —
1. Except as otherwise provided in subsections 2 and 3 of this section, appointive property subject to a nongeneral power of appointment is exempt from a claim of a creditor of the powerholder or the powerholder's estate.
2. Appointive property subject to a nongeneral power of appointment is subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent that the powerholder owned the property and, reserving the nongeneral power, transferred the property in violation of chapter 428.
3. If the initial gift-in-default of appointment is to the powerholder or the powerholder's estate, a nongeneral power of appointment is treated for purposes of sections 456.1100 to 456.1115 as a general power.
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(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 456.1120 - Act not to limit ability to reach a beneficial interest under Missouri Uniform Trust Code.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1120. Act not to limit ability to reach a beneficial interest under Missouri Uniform Trust Code. —
Sections 456.970 to 456.1135 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.
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(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 456.1125 - Uniformity of application and construction.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1125. Uniformity of application and construction. —
In applying and construing sections 456.970 to 456.1135, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
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(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 456.1130 - Relation to Electronic Signatures in Global and National Commerce Act.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1130. Relation to Electronic Signatures in Global and National Commerce Act. —
Sections 456.970 to 456.1135 modify, limit, or supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but do not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001 (c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
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(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 456.1135 - Application to existing relationships.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2016
456.1135. Application to existing relationships. —
1. Except as otherwise provided in sections 456.970 to 456.1135:
(1) Sections 456.970 to 456.1135 shall apply to a power of appointment created before, on, or after August 28, 2016, and shall apply to a judicial proceeding concerning a power of appointment commenced on or after August 28, 2016;
(2) Sections 456.970 to 456.1135 shall apply to a judicial proceeding concerning a power of appointment commenced before August 28, 2016, unless the court finds that application of a particular provision of such sections would interfere substantially with the effective conduct of the judicial proceeding or prejudice a right of a party, in which case the particular provision of such sections does not apply and the superseded law applies;
(3) A rule of construction or presumption provided in sections 456.970 to 456.1135 applies to an instrument executed before August 28, 2016, unless there is a clear indication of a contrary intent in the terms of the instrument; and
(4) Except as otherwise provided in subdivisions (1) to (3) of this subsection, an action done before August 28, 2016, is not affected by such sections.
2. If a right is acquired, extinguished, or barred on the expiration of a prescribed period that commenced under law of this state other than sections 456.970 to 456.1135 before August 28, 2016, the law continues to apply to the right.
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(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 456.1-101 - Short title.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.1-101. Short title. —
Sections 456.1-101 to 456.11-1106 shall be known and may be cited as the "Missouri Uniform Trust Code".
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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 456.1-102 - Scope.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.1-102. Scope. —
Sections 456.1-101 to 456.11-1106 apply to express trusts, charitable or noncharitable, testamentary or inter vivos, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust. Sections 456.1-101 to 456.11-1106 do not apply to any trust created by the inherent power of the court pursuant to chapter 460.
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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 456.1-104 - Knowledge.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.1-104. Knowledge. —
1. Subject to subsection 2 of this section, a person has knowledge of a fact if the person:
(1) has actual knowledge of it;
(2) has received a notice or notification of it; or
(3) from all the facts and circumstances known to the person at the time in question, has reason to know it.
2. An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information.
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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 456.1-105 - Default and mandatory rules.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2006, 2 histories
456.1-105. Default and mandatory rules. —
1. Except as otherwise provided in the terms of the trust, sections 456.1-101 to 456.11-1106 govern the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.
2. The terms of a trust prevail over any provision of sections 456.1-101 to 456.11-1106 except:
(1) the requirements for creating a trust;
(2) the duty of a trustee to act in good faith and in accordance with the purposes of the trust;
(3) the requirement that a trust and its terms be for the benefit of its beneficiaries;
(4) the power of the court to modify or terminate a trust under section 456.4-410, subsection 3 of section 456.4-411B, and sections 456.4-412 to 456.4-416;
(5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in sections 456.5-501 to 456.5-507;
(6) the power of the court under section 456.7-702 to require, dispense with, or modify or terminate a bond;
(7) the power of the court under subsection 2 of section 456.7-708 to adjust a trustee's compensation specified in the terms of the trust which is unreasonably low or high;
(8) subject to subsection 3 of this section, the duty of a trustee of an irrevocable trust to notify each permissible distributee who has attained the age of twenty-one years of the existence of the trust and of that permissible distributee's rights to request trustee's reports and other information reasonably related to the administration of the trust;
(9) the duty to respond to the request of a qualified beneficiary of an irrevocable trust for trustee's reports and other information reasonably related to the administration of the trust;
(10) the effect of an exculpatory term under section 456.10-1008;
(11) the rights under sections 456.10-1010 to 456.10-1013 of a person other than a trustee or beneficiary;
(12) periods of limitation for commencing a judicial proceeding;
(13) the power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice; and
(14) the venue for a judicial proceeding as provided in section 456.2-204.
3. For purposes of subdivision (8) of subsection 2 of this section, the settlor may designate by the terms of the trust one or more permissible distributees to receive notification of the existence of the trust and of the right to request trustee's reports and other information reasonably related to the administration of the trust in lieu of providing the notice, information or reports to any other permissible distributee who is an ancestor or lineal descendant of the designated permissible distributee.
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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 456.1-106 - Common law of trusts — principles of equity.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.1-106. Common law of trusts — principles of equity. —
The common law of trusts and principles of equity supplement sections 456.1-101 to 456.11-1106, except to the extent modified by sections 456.1-101 to 456.11-1106 or another statute 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 456.1-107 - Governing law.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 01 Jan 2005, see footnote
456.1-107. Governing law. —
The meaning and effect of the terms of a trust are determined by:
(1) the law of the jurisdiction designated in the terms unless the designation of that jurisdiction's law is contrary to a strong public policy of the jurisdiction having the most significant relationship to the matter at issue; or
(2) in the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue.
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(L. 2004 H.B. 1511)
Effective 1-01-05