§ 35-15-1104. 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 […]
§ 35-15-1105. 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 […]
§ 35-15-1101. No Consideration Given to Need to Promote Uniformity of Application and Construction of Law
Numerous provisions of each of the following have been modified extensively relative to their respective uniform acts as such uniform acts were drafted and have been amended by the Uniform Law Commission, also known as the National Conference of Commissioners of Uniform State Laws: Chapter 6, the Uniform Principal and Income Act; Chapter 14, the […]
§ 35-15-1102. 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. § 7002), and supersede, […]
§ 35-15-1103. Application to Existing Relationships
Except as otherwise provided in this chapter, on July 1, 2004: This chapter applies to all trusts created before, on, or after July 1, 2004; This chapter applies to all judicial proceedings concerning trusts commenced on or after July 1, 2004; This chapter applies to judicial proceedings concerning trusts commenced before July 1, 2004, unless […]