reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 7 - OFFICE OF TRUSTEE (§§ 91-8-701 — 91-8-715) › Section 91-8-713 - Vacancy; directed trusts

(a)
Except as otherwise provided by the terms of the trust upon obtaining knowledge of a vacancy in the office of trust advisor or trust protector, the trustee shall be vested with any fiduciary power or duty that otherwise would be vested in the trustee but that by the terms of the trust was vested in the trust advisor or trust protector, until such time that the vacancy in the office of trust advisor or trust protector, as applicable, is filled.
(b)
The vacancy shall be filled in the same manner as would a vacancy in trusteeship that is required to be filled, either as provided by Section
91-8-704(c)
if the trust is a noncharitable trust, or as provided by Section
91-8-704(d)
if the trust is a charitable trust. Section
91-8-704(e)
shall also apply relative to trust advisors and trust protectors in the same manner as that subsection does to trustees and vacancies in trusteeship.
(c)
Notwithstanding subsection (a), a trustee shall not be liable for failing to exercise or assume any power or duty held by a trust advisor or trust protector and conferred upon the trustee by subsection (a) for the one-hundred-twenty-day period immediately following the date the trustee obtains knowledge of the vacancy.
Added by Laws, 2014, ch. 421, SB 2727, 56, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 7 - OFFICE OF TRUSTEE (§§ 91-8-701 — 91-8-715) › Section 91-8-714 - Directed trusts; resignation of fiduciary

(a)
A trust advisor, trust protector, or other fiduciary other than a cotrustee, a cotrustee's resignation already being provided for in Section
91-8-705
, may resign its appointment as the respective fiduciary in a like manner as provided for a trustee under Section
91-8-705
.
(b)
When exercising its powers under this section relative to resignation, the court shall consider the powers, duties, and liabilities relative to the respective fiduciaries other than a cotrustee and whether any of the respective fiduciaries are excluded fiduciaries.
Added by Laws, 2014, ch. 421, SB 2727, 57, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 7 - OFFICE OF TRUSTEE (§§ 91-8-701 — 91-8-715) › Section 91-8-715 - Directed trusts; removal of fiduciary

(a)
A trust advisor, trust protector, or other fiduciary other than a cotrustee, a cotrustee's removal already being provided for in Section
91-8-706
, may be removed as the respective fiduciary in a like manner as provided for a trustee under Section
91-8-706
.
(b)
When exercising its powers under this section relative to removal of the respective fiduciary, the court shall consider the powers, duties, and liabilities relative to the respective fiduciaries other than a cotrustee and whether any of the respective fiduciaries are excluded fiduciaries.
Added by Laws, 2014, ch. 421, SB 2727, 58, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 8 - DUTIES AND POWERS OF TRUSTEE (§§ 91-8-801 — 91-8-817) › Section 91-8-801 - Duty to administer trust

Upon acceptance of a trusteeship, the trustee shall administer the trust until such time as the trust terminates or a successor trustee is appointed and all assets are delivered in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this chapter.
Added by Laws, 2014, ch. 421, SB 2727, 59, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 8 - DUTIES AND POWERS OF TRUSTEE (§§ 91-8-801 — 91-8-817) › Section 91-8-803 - Impartiality

If a trust has two (2) or more beneficiaries, the trustee shall act impartially in investing, managing, and distributing the trust property, giving due regard to the beneficiaries' respective interests and the purposes of the trust.
Added by Laws, 2014, ch. 421, SB 2727, 61, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 8 - DUTIES AND POWERS OF TRUSTEE (§§ 91-8-801 — 91-8-817) › Section 91-8-804 - 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.
Added by Laws, 2014, ch. 421, SB 2727, 62, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 8 - DUTIES AND POWERS OF TRUSTEE (§§ 91-8-801 — 91-8-817) › Section 91-8-805 - 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.
Added by Laws, 2014, ch. 421, SB 2727, 63, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 8 - DUTIES AND POWERS OF TRUSTEE (§§ 91-8-801 — 91-8-817) › Section 91-8-806 - 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.
Added by Laws, 2014, ch. 421, SB 2727, 64, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 8 - DUTIES AND POWERS OF TRUSTEE (§§ 91-8-801 — 91-8-817) › Section 91-8-807 - Delegation by trustee

(a)
A trustee may delegate duties and powers that a prudent trustee 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.
(b)
In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care, skill, and caution to comply with the terms of the delegation.
(c)
A trustee who complies with subsection (a) is not liable to the beneficiaries or to the trust for an action or inaction of the agent to whom the function was delegated.
(d)
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.
Added by Laws, 2014, ch. 421, SB 2727, 65, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 8 - DUTIES AND POWERS OF TRUSTEE (§§ 91-8-801 — 91-8-817) › Section 91-8-808 - Powers to direct

(a)
While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust or contrary to the normal practice of the trustee in regard to the action requested.
(b)
If the terms of a trust confer upon a person other than the settlor of a revocable trust power to direct certain actions of the trustee, the trustee shall act in accordance with an exercise of the power.
(c)
The terms of a trust may confer upon a trustee or other person a power to direct the modification or termination of the trust.
(d)
If a person holds a power to direct pursuant to Article 12 of this chapter, that person is a trust advisor, trust protector, or both. The power holder is subject to all the provisions of Article 12, including any duties prescribed by Article 12 and any provisions that make the power holder a fiduciary. Any trustee or other person that under Article 12 is relieved of any duty or any liability, or is otherwise protected under Article 12, shall be so relieved and otherwise protected.
Added by Laws, 2014, ch. 421, SB 2727, 66, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 8 - DUTIES AND POWERS OF TRUSTEE (§§ 91-8-801 — 91-8-817) › Section 91-8-809 - Control and protection of trust property

A trustee shall take reasonable steps to take control of and protect the trust property.
Added by Laws, 2014, ch. 421, SB 2727, 67, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 8 - DUTIES AND POWERS OF TRUSTEE (§§ 91-8-801 — 91-8-817) › Section 91-8-810 - Recordkeeping and identification of trust property

(a)
A trustee shall keep adequate records of the administration of the trust.
(b)
A trustee shall keep trust property separate from the trustee's own property.
(c)
Except as otherwise provided in subsection (d), 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.
(d)
If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of two (2) or more separate trusts.
Added by Laws, 2014, ch. 421, SB 2727, 68, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 8 - DUTIES AND POWERS OF TRUSTEE (§§ 91-8-801 — 91-8-817) › Section 91-8-811 - Enforcement and defense of claims

(a)
A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.
(b)
A trustee may abandon or assign any claim that it believes is unreasonable to enforce to one or more of the beneficiaries of the trust holding the claim.
Added by Laws, 2014, ch. 421, SB 2727, 69, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 8 - DUTIES AND POWERS OF TRUSTEE (§§ 91-8-801 — 91-8-817) › Section 91-8-812 - 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. No successor trustee appointed after the examination of the accounts of a trustee or the waiver of the examination by the beneficiaries shall be responsible for the acts and omissions of the prior trustee.
Added by Laws, 2014, ch. 421, SB 2727, 70, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 8 - DUTIES AND POWERS OF TRUSTEE (§§ 91-8-801 — 91-8-817) › Section 91-8-815 - General powers of trustee

(a)
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 this chapter.
(b)
The exercise of a power is subject to the fiduciary duties prescribed by this article.
Added by Laws, 2014, ch. 421, SB 2727, 73, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 8 - DUTIES AND POWERS OF TRUSTEE (§§ 91-8-801 — 91-8-817) › Section 91-8-817 - Distribution upon termination

(a)
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 (30) 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. For the purpose of determining the date a proposed distribution was sent, if exact confirmation is unavailable it can be assumed it was received five (5) days after the date of mailing.
(b)
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.
(c)
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 material facts relating to the alleged breach and the trustee had actual knowledge of the facts relating to the alleged breach.
Added by Laws, 2014, ch. 421, SB 2727, 75, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 9 - UNIFORM PRUDENT INVESTOR ACT (§ 91-8-901) › Section 91-8-901 - Prudent Investor Act incorporated by reference

Title 91, Chapter 9, Article 13, the Mississippi Uniform Prudent Investor Act, is incorporated in this chapter by reference.
Added by Laws, 2014, ch. 421, SB 2727, 76, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE (§§ 91-8-1001 — 91-8-1014) › Section 91-8-1001 - Remedies for breach of trust

(a)
A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
(b)
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
91-8-706
;
(8)
Reduce or deny compensation to the trustee;
(9)
Subject to Section
91-8-1012
, 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 whether provided elsewhere in this chapter, available at common law or under equity principles.
Added by Laws, 2014, ch. 421, SB 2727, 77, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE (§§ 91-8-1001 — 91-8-1014) › Section 91-8-1002 - Damages for breach of trust

(a)
A trustee who commits a breach of trust is liable to the beneficiaries affected for:
(1)
The greater of:
(A)
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
(B)
The profit the trustee made by reason of the breach; and
(2)
Any measure of damages otherwise provided by law.
(b)
Except as otherwise provided in this subsection (b), if more than one (1) trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. 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.
Added by Laws, 2014, ch. 421, SB 2727, 78, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE (§§ 91-8-1001 — 91-8-1014) › Section 91-8-1003 - Damages in absence of breach

Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit.
Added by Laws, 2014, ch. 421, SB 2727, 79, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE (§§ 91-8-1001 — 91-8-1014) › Section 91-8-1004 - Attorney's fees and costs

(a)
In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney's fees, to any party, to be paid by another party or from the trust that is the subject of the controversy.
(b)
In a nonjudicial proceeding involving the administration of a trust, the trustee may pay fees, other reasonable costs, and expenses from trust assets where all of the parties to the proceeding agree in writing.
(c)
In a mediation or arbitration proceeding involving the administration of a trust, the mediator or arbitrator may award fees, other reasonable costs, and expenses against the assets of the trust.
Added by Laws, 2014, ch. 421, SB 2727, 80, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE (§§ 91-8-1001 — 91-8-1014) › Section 91-8-1006 - Reliance on trust instrument

A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.
Added by Laws, 2014, ch. 421, SB 2727, 82, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE (§§ 91-8-1001 — 91-8-1014) › Section 91-8-1007 - Event affecting administration or distribution

If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee's lack of knowledge.
Added by Laws, 2014, ch. 421, SB 2727, 83, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE (§§ 91-8-1001 — 91-8-1014) › Section 91-8-1008 - Exculpation of trustee

(a)
A provision of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:
(1)
Relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or
(2)
Was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.
(b)
Except for provisions intended to provide protection for carrying out a stated purpose in the trust instrument, an exculpatory provision drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory provision is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.
Added by Laws, 2014, ch. 421, SB 2727, 84, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE (§§ 91-8-1001 — 91-8-1014) › Section 91-8-1009 - Beneficiary's consent, release, or ratification

A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:
(1)
The consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or
(2)
At the time of the consent, release, or ratification, the beneficiary did not know of the material facts relating to the breach and the trustee had actual knowledge of the facts relating to the alleged breach.
Added by Laws, 2014, ch. 421, SB 2727, 85, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE (§§ 91-8-1001 — 91-8-1014) › Section 91-8-1010 - Limitation on personal liability of trustee

(a)
Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.
(b)
Except as otherwise provided in subsection (a) or (c), the debts, obligations and liabilities incurred by a trustee by reason of the ownership, management, or control of trust property in the trustee's fiduciary capacity, shall be enforceable solely against the trust and its property, without any obligation or liability personally being borne by any trustee of the trust.
(c)
Except as otherwise limited by state law, a trustee is personally liable for torts committed in the course of administering a trust only if the trustee is personally at fault.
(d)
A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim.
Added by Laws, 2014, ch. 421, SB 2727, 86, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE (§§ 91-8-1001 — 91-8-1014) › Section 91-8-1011 - Interest as general partner

(a)
Except as otherwise provided in subsection (c) or unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed pursuant to the Uniform Partnership Act, Title 79, Chapter 13, Mississippi Code of 1972, or the Mississippi Limited Partnership Act, Title 79, Chapter 14, Mississippi Code of 1972.
(b)
Except as otherwise provided in subsection (c), a trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.
(c)
The immunity provided by this section does not apply if an interest in the partnership is held by the trustee in a capacity other than that of trustee.
(d)
If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner.
Added by Laws, 2014, ch. 421, SB 2727, 87, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE (§§ 91-8-1001 — 91-8-1014) › Section 91-8-1012 - Protection of person dealing with trustee

(a)
A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without actual knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power.
(b)
A person other than a beneficiary who in good faith assists a trustee or deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.
(c)
A person who in good faith delivers assets to a trustee need not ensure their proper application.
(d)
A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without actual knowledge that the trusteeship has terminated, is protected from liability as if the former trustee were still a trustee.
(e)
Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.
Amended by Laws, 2016, ch. 396, SB 2211, 10, eff. 7/1/2014.
Added by Laws, 2014, ch. 421, SB 2727, 88, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 11 - MISCELLANEOUS PROVISIONS (§§ 91-8-1101 — 91-8-1109) › Section 91-8-1101 - Uniformity of application and construction

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by Laws, 2014, ch. 421, SB 2727, 91, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 11 - MISCELLANEOUS PROVISIONS (§§ 91-8-1101 — 91-8-1109) › Section 91-8-1102 - Electronic records and signatures

The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act (
15 USC Section 7002
) and supersede, modify, and limit the requirements of the Electronic Signatures in Global and National Commerce Act.
Added by Laws, 2014, ch. 421, SB 2727, 92, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 11 - MISCELLANEOUS PROVISIONS (§§ 91-8-1101 — 91-8-1109) › Section 91-8-1103 - Severability clause

If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Added by Laws, 2014, ch. 421, SB 2727, 93, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 11 - MISCELLANEOUS PROVISIONS (§§ 91-8-1101 — 91-8-1109) › Section 91-8-1106 - Application to existing relationships

(a)
Except as otherwise provided in this chapter:
(1)
This chapter applies to all trusts created before, on, or after July 1, 2014;
(2)
This chapter applies to all judicial proceedings concerning trusts commenced on or after July 1, 2014;
(3)
This chapter applies to judicial proceedings concerning trusts commenced before July 1, 2014, unless the court finds that application of a particular provision of this chapter would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this chapter does not apply and the superseded law applies;
(4)
Any rule of construction or presumption provided in this chapter applies to trust instruments executed before July 1, 2014, unless there is a clear indication of a contrary intent in the terms of the trust; and
(5)
An act done before July 1, 2014, is not affected by this chapter.
(b)
If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before July 1, 2014, that statute continues to apply to the right even if it has been repealed or superseded.
Added by Laws, 2014, ch. 421, SB 2727, 94, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 11 - MISCELLANEOUS PROVISIONS (§§ 91-8-1101 — 91-8-1109) › Section 91-8-1107 - Alter ego

(a)
Absent clear and convincing evidence, no settlor of an irrevocable trust may be deemed to be the alter ego of a trustee of such trust.
(b)
None of the following factors, by themselves or in combination, may be considered sufficient evidence for a court to conclude that the settlor controls a trustee, or is the alter ego of a trustee of such trust:
(1)
Any combination of the factors listed in Section
91-8-1108
regarding dominion and control over a trust;
(2)
Isolated occurrences where the settlor has signed checks, made disbursements, or executed other documents related to the trust as a trustee, a trust advisor or a trust protector, when in fact the settlor was not a trustee, trust advisor or trust protector;
(3)
Making any requests for distributions on behalf of beneficiaries; or
(4)
Making any requests to the trustee to hold, purchase, or sell any trust property.
Added by Laws, 2014, ch. 421, SB 2727, 95, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 11 - MISCELLANEOUS PROVISIONS (§§ 91-8-1101 — 91-8-1109) › Section 91-8-1108 - Dominion and control over a trust

In the event a person challenges a settlor's or a beneficiary's influence over a trust, none of the following factors, alone or in combination, shall enter into a determination that dominion and control over a trust exists:
(1)
The settlor or a beneficiary is serving as a trustee, a trust advisor, a trust protector, or other fiduciary as described in this Title 91;
(2)
The settlor or a beneficiary holds an unrestricted power to remove or replace a trustee, a trust advisor, a trust protector, or other fiduciary;
(3)
The settlor or a beneficiary is a trust administrator, a general partner of a partnership, a manager of a limited liability company, an officer of a corporation, or holds any other managerial function relative to any type of entity specified in this section, or relative to any other type of entity not so specified, and part or all of the trust property consists of an interest in such entity;
(4)
A person related by blood or adoption to the settlor or a beneficiary is appointed as a trustee, a trust advisor, a trust protector, or other fiduciary;
(5)
The settlor's or a beneficiary's agent, accountant, attorney, financial advisor, or friend is appointed as a trustee, a trust advisor, a trust protector, or other fiduciary;
(6)
A business associate is appointed as a trustee, a trust advisor, a trust protector, or other fiduciary;
(7)
A beneficiary holds any power of appointment over any or all of the trust property;
(8)
The settlor holds a power to substitute property of equivalent value for property held by the trust, regardless of whether such power is:
(A)
Held in a fiduciary or nonfiduciary capacity;
(B)
Exercisable with or without the approval of any person in a fiduciary capacity; or
(C)
Exercisable with or without the approval of any person having an interest adverse to such settlor;
(9)
A trustee, a trust advisor, a trust protector or other fiduciary has the power to loan trust property to the settlor for less than a full and adequate rate of interest or without adequate security;
(10)
Any language relative to the power to make any distribution provides for any discretion relative to such distribution;
(11)
The trust has only one (1) beneficiary eligible for current distributions; or
(12)
The beneficiary is serving as a cotrustee, or as a trust advisor or trust protector under Article 12, or as any other fiduciary.
Added by Laws, 2014, ch. 421, SB 2727, 96, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 11 - MISCELLANEOUS PROVISIONS (§§ 91-8-1101 — 91-8-1109) › Section 91-8-1109 - Protection of special needs trusts and other similar trusts for disabled persons

Notwithstanding the provisions of this chapter that may otherwise be applicable to a trust, no provision thereof shall apply to any special needs trust, supplemental needs trust, or other similar trust established for a person with a disability as a beneficiary, including, without limitation, any trust established pursuant to the provisions of
42 USC Section 1396(p)(d)(4)
A or C, as amended from time to time, or other similar federal or state statute, to the extent that the provision would disqualify the trust beneficiary at any time from eligibility for public needs-based assistance benefits for which the beneficiary would otherwise qualify.
Added by Laws, 2014, ch. 421, SB 2727, 97, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 12 - TRUST ADVISORS AND TRUST PROTECTORS (§§ 91-8-1201 — 91-8-1206) › Section 91-8-1202 - Trust advisors and trust protectors as fiduciaries

(a)
A trust advisor or trust protector, other than a beneficiary, is a fiduciary with respect to each power granted to the trust advisor or trust protector. In exercising any power or refraining from exercising any power, a trust advisor or trust protector shall act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.
(b)
A trust advisor or trust protector is an excluded fiduciary with respect to each power granted or reserved exclusively to any one or more other trustees, trust advisors, or trust protectors.
Added by Laws, 2014, ch. 421, SB 2727, 99, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 12 - TRUST ADVISORS AND TRUST PROTECTORS (§§ 91-8-1201 — 91-8-1206) › Section 91-8-1203 - Trust advisor and trust protector subject to court jurisdiction

By accepting appointment to serve as a trust advisor or trust protector, the trust advisor or the trust protector submits personally to the jurisdiction of the courts of this state even if investment advisory agreements or other related agreements provide otherwise, and the trust advisor or trust protector may be made a party to any action or proceeding relating to a decision, action, or inaction of the trust advisor or trust protector.
Added by Laws, 2014, ch. 421, SB 2727, 100, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 12 - TRUST ADVISORS AND TRUST PROTECTORS (§§ 91-8-1201 — 91-8-1206) › Section 91-8-1204 - No duty to review actions of trustee, trust advisor, or trust protector

(a)
Whenever, pursuant to the terms of a trust, an excluded fiduciary is to follow the direction of a trustee, trust advisor, or trust protector with respect to investment decisions, distribution decisions, or other decisions of the nonexcluded fiduciary, then, except to the extent that the terms of the trust provide otherwise, the excluded fiduciary shall have no duty to:
(1)
Review, evaluate, perform investment reviews, suitability reviews, inquiries, or investigations, or in any other way monitor the conduct of the trustee, trust advisor, or trust protector;
(2)
Make recommendations or evaluations or in any way provide advice to the trustee, trust advisor, or trust protector or consult with the trustee, trust advisor, or trust protector; or
(3)
Communicate with or warn or apprise any beneficiary or third party concerning instances in which the excluded fiduciary would or might have exercised the excluded fiduciary's own discretion in a manner different from the manner directed by the trustee, trust advisor, or trust protector.
(b)
Absent provisions in the trust instrument to the contrary, the actions of the excluded fiduciary pertaining to matters within the scope of the trustee, trust advisor, or trust protector's authority, including, but not limited to, confirming that the trustee, trust advisor, or trust protector's directions have been carried out and recording and reporting actions taken at the trustee, trust advisor, or trust protector's direction or other information pursuant to Section
91-8-813
, shall be deemed to be administrative actions taken by the excluded fiduciary solely to allow the excluded fiduciary to perform those duties assigned to the excluded fiduciary under the terms of the trust; those administrative actions, as well as any communications made by the excluded fiduciary to the trust advisor, trust protector, or any of their agents or persons they have selected to provide services to the trust, shall not be deemed to constitute an undertaking by the excluded fiduciary to monitor the trustee, trust advisor, or trust protector or otherwise participate in actions within the scope of the trustee's, trust advisor's, or trust protector's authority.
Added by Laws, 2014, ch. 421, SB 2727, 101, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 12 - TRUST ADVISORS AND TRUST PROTECTORS (§§ 91-8-1201 — 91-8-1206) › Section 91-8-1205 - Fiduciary's liability for action or inaction of trustee, trust advisor, and trust protector

An excluded fiduciary is not liable, either individually or as a fiduciary, for:
(1)
Any loss resulting from compliance with a direction of a trustee, trust advisor, or trust protector, including, but not limited to, any loss from the trustee, trust advisor, or trust protector breaching fiduciary responsibilities or acting beyond the trustee's, trust advisor's, or trust protector's scope of authority;
(2)
Any loss resulting from any action or inaction of a trustee, trust advisor, or trust protector; or
(3)
Any loss that results from the failure of a trustee, trust advisor, or trust protector to take any action proposed by the excluded fiduciary where the action requires the authorization of the trustee, trust advisor, or trust protector, if an excluded fiduciary who had a duty to propose the action timely sought but failed to obtain the authorization.
Added by Laws, 2014, ch. 421, SB 2727, 102, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 9 - TRUSTS AND TRUSTEES (§§ 91-9-1 — 91-9-723) › Article 1 - TRUSTS - GENERAL PROVISIONS (§ 91-9-1) › Section 91-9-1 - through 91-9-9 - [Repealed]

Repealed by Laws, 2014, ch. 421, § 105, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 9 - TRUSTS AND TRUSTEES (§§ 91-9-1 — 91-9-723) › Article 3 - UNIFORM TRUSTEES' POWERS (§ 91-9-101) › Section 91-9-101 - through 91-9-119 - [Repealed]

Repealed by Laws, 2014, ch. 421, § 106, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 9 - TRUSTS AND TRUSTEES (§§ 91-9-1 — 91-9-723) › Article 5 - RESIGNATION AND SUCCESSION OF TRUSTEES (§ 91-9-201) › Section 91-9-201 - through 91-9-213 - [Repealed]

Repealed by Laws, 2014, ch. 421, § 107, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 9 - TRUSTS AND TRUSTEES (§§ 91-9-1 — 91-9-723) › Article 7 - REMOVAL OF TRUSTEES (§ 91-9-301) › Section 91-9-301 - through 91-9-305 - [Repealed]

Repealed by Laws, 2014, ch. 421, § 108, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 9 - TRUSTS AND TRUSTEES (§§ 91-9-1 — 91-9-723) › Article 9 - ADMINISTRATION OF PRIVATE FOUNDATION TRUSTS, CHARITABLE TRUSTS, AND SPLIT-INTEREST TRUSTS (§§ 91-9-401 — 91-9-411) › Section 91-9-401 - Prohibited acts

In the administration of any trust which is a "private foundation," as defined in Section 509 of the United States Internal Revenue Code, a "charitable trust," as defined in Section 4947(a)(1) of the United States Internal Revenue Code, or a "split-interest trust," as defined in Section 4947(a)(2) of the United States Internal Revenue Code, the following acts shall be prohibited:
(a)
Engaging in any act of "self-dealing," as defined in Section 4941(d) of the United States Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4941(a) of the United States Internal Revenue Code;
(b)
Retaining any "excess business holdings," as defined in Section 4943(c) of the United States Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4943(a) of the United States Internal Revenue Code;
(c)
Making any investments which would jeopardize the carrying out of any of the exempt purposes of the trust, within the meaning of Section 4944 of the United States Internal Revenue Code, so as to give rise to any liability for the tax imposed by Section 4944(a) of the United States Internal Revenue Code; and
(d)
Making any "taxable expenditures," as defined in Section 4945(d) of the United States Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4945(a) of the United States Internal Revenue Code.
This section shall not apply either to those split-interest trusts or to amounts thereof which are not subject to the prohibitions applicable to private foundations by reason of the provisions of Section 4947 of the United States Internal Revenue Code.
Codes, 1942, § 672-201; Laws, 1972, ch. 423, § 1, eff. 4/28/1972.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 9 - TRUSTS AND TRUSTEES (§§ 91-9-1 — 91-9-723) › Article 9 - ADMINISTRATION OF PRIVATE FOUNDATION TRUSTS, CHARITABLE TRUSTS, AND SPLIT-INTEREST TRUSTS (§§ 91-9-401 — 91-9-411) › Section 91-9-403 - Distribution of amounts to avoid tax liability

In the administration of any trust which is a "private foundation," as defined in Section 509 of the United States Internal Revenue Code, or which is a "charitable trust," as defined in Section 4947(a)(1) of the United States Internal Revenue Code, there shall be distributed, for the purposes specified in the trust instrument, for each taxable year, amounts at least sufficient to avoid liability for the tax imposed by Section 4942(a) of the United States Internal Revenue Code.
Codes, 1942, § 672-202; Laws, 1972, ch. 423, § 2, eff. 4/28/1972.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 9 - TRUSTS AND TRUSTEES (§§ 91-9-1 — 91-9-723) › Article 9 - ADMINISTRATION OF PRIVATE FOUNDATION TRUSTS, CHARITABLE TRUSTS, AND SPLIT-INTEREST TRUSTS (§§ 91-9-401 — 91-9-411) › Section 91-9-405 - Applicability of Sections 91-9-401 and 91-9-403 when contrary to trust instrument

The provisions of Sections
91-9-401
and
91-9-403
shall not apply to any trust to the extent that a court of competent jurisdiction shall determine that such application would be contrary to the terms of the instrument governing such trust and that the same may not properly be changed to conform to such sections. The trustee shall not be held liable to anyone for any payments made under Section
91-9-403
prior to such determination.
Codes, 1942, § 672-203; Laws, 1972, ch. 423, § 3, eff. 4/28/1972.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 9 - TRUSTS AND TRUSTEES (§§ 91-9-1 — 91-9-723) › Article 9 - ADMINISTRATION OF PRIVATE FOUNDATION TRUSTS, CHARITABLE TRUSTS, AND SPLIT-INTEREST TRUSTS (§§ 91-9-401 — 91-9-411) › Section 91-9-407 - Amendment of trust instrument to exclude application of Sections 91-9-401 and 91-9-403

The trustees of any trust which is a "private foundation" (as defined in Section 509 of the United States Internal Revenue Code), a "charitable trust" (as defined in Section 4947(a)(1) of the United States Internal Revenue Code) or a "split-interest trust" (as defined in Section 4947(a)(2) of the United States Internal Revenue Code) may, without judicial proceedings, amend the governing instrument of such trust expressly to exclude the application of Sections
91-9-401
and
91-9-403
, or any portion thereof, by executing a written amendment to such trust and filing a duplicate original of such amendment with the secretary of state of the State of Mississippi, whereupon such section or sections, or any portion thereof, as the case may be, shall not apply to such trust. Neither the trustees nor the trust shall be liable to anyone for any payments made under Section
91-9-403
prior to such amendment.
Codes, 1942, § 672-203; Laws, 1972, ch. 423, § 3, eff. 4/28/1972.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 9 - TRUSTS AND TRUSTEES (§§ 91-9-1 — 91-9-723) › Article 9 - ADMINISTRATION OF PRIVATE FOUNDATION TRUSTS, CHARITABLE TRUSTS, AND SPLIT-INTEREST TRUSTS (§§ 91-9-401 — 91-9-411) › Section 91-9-409 - Rights and powers of courts and attorney general

Nothing in Sections
91-9-401
through
91-9-411
shall impair the rights and powers of the courts or the attorney general of this state with respect to any trust.
Codes, 1942, § 672-204; Laws, 1972, ch. 423, § 4, eff. 4/28/1972.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 9 - TRUSTS AND TRUSTEES (§§ 91-9-1 — 91-9-723) › Article 9 - ADMINISTRATION OF PRIVATE FOUNDATION TRUSTS, CHARITABLE TRUSTS, AND SPLIT-INTEREST TRUSTS (§§ 91-9-401 — 91-9-411) › Section 91-9-411 - References to United States Internal Revenue Code

All references to sections of the United States Internal Revenue Code shall be to such law as it exists as of April 28, 1972.
Codes, 1942, § 672-205; Laws, 1972, ch. 423, § 5, eff. 4/28/1972.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 9 - TRUSTS AND TRUSTEES (§§ 91-9-1 — 91-9-723) › Article 11 - FAMILY TRUST PRESERVATION ACT OF 1998 (§§ 91-9-501 — 91-9-511) › Section 91-9-501 - [Repealed]

Laws, 1998, ch. 460, § 1, eff. 3/23/1998.
Repealed by Laws, 2020, ch. 406, SB 2851,§ 89, eff. 7/1/2020.