18-B §1224. Settlor
§1224. Settlor 1. Settlor of first trust is settlor of 2nd trust. For purposes of the law of this State other than this Act and subject to subsection 2, a settlor of a first trust is deemed to be the settlor of the 2nd trust with respect to the portion of the principal of the […]
18-B §1225. Later-discovered property
§1225. Later-discovered property 1. Distribution of all principal of first trust. Except as otherwise provided in subsection 3, if exercise of the decanting power was intended to distribute all the principal of the first trust to one or more 2nd trusts, later-discovered property belonging to the first trust and property paid to or acquired by […]
18-B §1226. Obligations
§1226. Obligations A debt, liability or other obligation enforceable against property of a first trust is enforceable to the same extent against the property when held by the 2nd trust after exercise of the decanting power. [PL 2021, c. 235, §1 (NEW).] SECTION HISTORY PL 2021, c. 235, §1 (NEW).
18-B §1227. Uniformity of application and construction
§1227. Uniformity of application and construction In applying and construing this Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [PL 2021, c. 235, §1 (NEW).] SECTION HISTORY PL 2021, c. 235, §1 (NEW).
18-B §1228. Relation to Electronic Signatures in Global and National Commerce Act
§1228. Relation to Electronic Signatures in Global and National Commerce Act This Act modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act, 15 United States Code, Section 7001 et seq., but does not modify, limit or supersede 15 United States Code, Section 7001(c), or authorize electronic delivery of any of the […]
18-B §1229. Effective date
§1229. Effective date This Act takes effect October 1, 2021. [PL 2021, c. 235, §1 (NEW).] Revisor’s Note: Notwithstanding the stated effective date of October 1, 2021 set forth in this section, PL 2021, chapter 235, which enacted this chapter, took effect on October 18, 2021, 90 days after the adjournment of the First […]
18-B §1222. Trust for care of animal
§1222. Trust for care of animal 1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. “Animal trust” means a trust or an interest in a trust created to provide for the care of one or more animals. [PL 2021, c. 235, §1 […]
18-B §1223. Terms of 2nd trust
§1223. Terms of 2nd trust A reference in this Title to a trust instrument or terms of the trust includes a 2nd-trust instrument and the terms of the 2nd trust. [PL 2021, c. 235, §1 (NEW).] SECTION HISTORY PL 2021, c. 235, §1 (NEW).
18-B §1208. Court involvement
§1208. Court involvement 1. Application to court. On application of an authorized fiduciary, a person entitled to notice under section 1207, subsection 3, a beneficiary or, with respect to a charitable interest, the Attorney General, the court may: A. Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power […]
18-B §1209. Formalities
§1209. Formalities An exercise of the decanting power must be made in a record signed by an authorized fiduciary. The signed record must, directly or by reference to the notice required by section 1207, identify the first trust and the 2nd trust or trusts and state the property of the first trust being distributed to […]