House Bill 845

AN ACT TO CREATE THE MISSISSIPPI UNIFORM TRUST CODE, WHICH SHALL BE CODIFIED IN TITLE 91, CHAPTER 23, MISSISSIPPI CODE OF 1972; TO PROVIDE FOR THE CREATION, ADMINISTRATION, MODIFICATION, TERMINATION, AND VALIDITY OF TRUSTS; TO ADDRESS DEFINITIONS, GENERAL PROVISIONS, VENUE, JURISDICTION, AND ADMINISTRATION OF TRUSTS; ESTABLISH METHOD OF SENDING NOTICE AND WAIVING NOTICE; TO ALLOW TRUST MATTER TO BE COMMENCED IN THE PROPER COURT; TO PROVIDE UNIFORMITY REGARDING REPRESENTATION IN TRANSACTIONS OR PROCEEDINGS RELATED TO A TRUST; TO ALLOW A MINOR, INCAPACITATED PERSON, UNBORN INDIVIDUAL, OR PERSON WHOSE IDENTITY IS UNKNOWN TO BE REPRESENTED AND LEGALLY BOUND BY ANOTHER HAVING A SUBSTANTIALLY IDENTICAL INTEREST WITH RESPECT TO A PARTICULAR QUESTION OR DISPUTE IN A TRUST MATTER; TO REQUIRE THAT MOST TRUSTS TO HAVE A DEFINITE BENEFICIARY AND, ALTERNATIVELY, ALLOW AND LEGITIMATIZE TRUSTS FOR CARE OF ANIMALS, CHARITABLE TRUSTS, AND TRUSTS FOR A NONCHARITABLE PURPOSE; TO ALLOW THE CREATION OF A TRUST WITHOUT A TRUST INSTRUMENT; TO ALLOW ORAL TRUSTS; TO REQUIRE CLEAR AND CONVINCING EVIDENCE AS THE STANDARD OF PROOF FOR ORAL TRUSTS; TO PROVIDE THAT COURTS MAY APPLY THE DOCTRINE OF CY PRES TO A CHARITABLE TRUST WHEN THE CHARITABLE PURPOSE IS NO LONGER OBTAINABLE AND A COMPARABLE PURPOSE MAY BE SELECTED; TO GIVE EXPRESS STATUTORY DIRECTION FOR CREDITOR; TO RESERVE ARTICLE 5 OF TITLE 91, CHAPTER 23, MISSISSIPPI CODE OF 1972; TO REPEAL SECTIONS 91-9-1, 91-9-2, 91-9-3, 91-9-5, 91-9-7 AND 91-9-9, MISSISSIPPI CODE OF 1972, WHICH CONSTITUTE TITLE 91, CHAPTER 9, ARTICLE 1, TRUSTS – GENERAL PROVISIONS; TO REPEAL SECTIONS 91-9-101, 91-9-103, 91-9-105, 91-9-107, 91-9-109, 91-9-111, 91-9-113, 91-9-115, 91-9-117 AND 91-9-119, MISSISSIPPI CODE OF 1972, WHICH CONSTITUTE TITLE 91, CHAPTER 9, ARTICLE 3, UNIFORM TRUSTEE POWERS; TO REPEAL SECTIONS 91-9-201, 91-9-203, 91-9-205, 91-9-207, 91-2-209, 91-9-211 AND 91-9-213, MISSISSIPPI CODE OF 1972, WHICH CONSTITUTE TITLE 91, CHAPTER 9, ARTICLE 5, RESIGNATION AND SUCCESSION OF TRUSTEES; TO REPEAL SECTIONS 91-9-301 AND 91-9-305, WHICH CONSTITUTE TITLE 91, CHAPTER 9, ARTICLE 7, REMOVAL OF TRUSTEES; AND FOR RELATED PURPOSES.

In the House of Representatives

• John Thomas "Trey" Lamar, III

  Sponsor

l9n doesn't hold this bill's text yet.

In the House of Representatives Jan 20 – Feb 4

1. Jan 20Referred to the House committee on Judiciary A
2. Feb 4Died in committee in the House