§ 28-73-1106. Application to existing relationships
(a) Except as otherwise provided in this chapter, on September 1, 2005: (1) this chapter applies to all trusts created before, on, or after September 1, 2005; (2) this chapter applies to all judicial proceedings concerning trusts commenced on or after September 1, 2005; (3) this chapter applies to judicial proceedings concerning trusts commenced before […]
§ 28-73-1013. Certification of trust
(a) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information: (1) a statement that the trust exists and the date the trust instrument was executed; (2) the identity of the settlor; (3) the […]
§ 28-73-906. Language invoking standard of subchapter
The following terms or comparable language in the provisions of a trust, unless otherwise limited or modified, authorizes any investment or strategy permitted under this subchapter: “investments permissible by law for investment of trust funds”, “legal investments”, “authorized investments”, “using the judgment and care under the circumstances then prevailing that persons of prudence, discretion, and […]
§ 28-73-1101. 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.
§ 28-73-907. Application to existing trusts
This subchapter applies to trusts existing on and created after September 1, 2005.
§ 28-73-1102. 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 U.S.C. § 7001 et seq., […]
§ 28-73-908. Uniformity of application and construction
This subchapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this subchapter among the states enacting it.
§ 28-73-1103. 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.
§ 28-73-1001. 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; […]
§ 28-73-1104. Effective date
This chapter takes effect on September 1, 2005.