§ 91-8-1107. Alter ego
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. 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 […]
§ 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: The settlor or a beneficiary is serving as a trustee, a trust advisor, a trust protector, or other […]
§ 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 […]
§ 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.
§ 91-8-1104 and 91-8-1105.
Except as otherwise provided in this chapter: This chapter applies to all trusts created before, on, or after July 1, 2014; This chapter applies to all judicial proceedings concerning trusts commenced on or after July 1, 2014; This chapter applies to judicial proceedings concerning trusts commenced before July 1, 2014, unless the court finds that […]
§ 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.
§ 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, […]