Section 43-8-1 General definitions. Subject to additional definitions contained in the subsequent articles which are applicable to specific articles or divisions, and unless the context otherwise requires, in this chapter, the following words shall have the following meanings: (1) BENEFICIARY. As it relates to trust beneficiaries, includes a person who has any present or future […]
Section 43-8-2 Construction of chapter; purposes and policies. (a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies. (b) The underlying purposes and policies of this chapter are: (1) To simplify and clarify the law concerning the affairs of decedents; (2) To discover and make effective the intent of […]
Section 43-8-3 Supplementary effect of principles of law and equity. Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions. (Acts 1982, No. 82-399, §1-103.)
Section 43-8-4 Construction against implied repeal. This chapter is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided. (Acts 1982, No. 82-399, §1-105.)
Section 43-8-5 Relief against fraud; limitations. Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this chapter or if fraud is used to avoid or circumvent the provisions or purposes of this chapter, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or […]
Section 43-8-6 Rules of evidence; evidence as to death or status; presumption of death. In proceedings under this chapter the rules of evidence in courts of general jurisdiction including any relating to simultaneous deaths, are applicable unless specifically displaced by the chapter. In addition, the following rules relating to determination of death and status are […]
Section 43-8-7 Effect of acts by holder of general power of appointment, etc., on beneficiaries. For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond, or to perform other duties, and for purposes […]
Section 43-8-8 Effective date; transition provisions. (a) This chapter takes effect on January 1, 1983. (b) Except as provided elsewhere in this chapter, on January 1, 1983: (1) The chapter applies to any wills of decedents dying thereafter; (2) An act of any personal representative or guardian done before January 1, 1983 in any proceeding […]
Section 43-8-9 Savings provision for counties of Jefferson and Mobile. No provision of this chapter shall be construed to void, alter, or modify, when invoked, the equity jurisdiction or powers of Jefferson and Mobile counties. (Acts 1982, No. 82-399, §8-103.)
