Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Article 1. Trust Registration; Foreign Trustee Qualification.
Sec. 13.36.005. Duty to register trusts. - (a) The trustee of a trust having its principal place...
Sec. 13.36.010. Registration procedures. - Registration shall be accomplished by filing a statement indicating the...
Sec. 13.36.015. Effect of registration. - (a) By registering a trust, or accepting the trusteeship of...
Sec. 13.36.020. Effect of failure to register. - A trustee who fails to register a trust in a...
Sec. 13.36.025. Qualification of foreign trustee. - (a) A foreign corporate trustee is required to qualify as...
Article 2. Jurisdiction of Court Concerning Trusts; Choice of Law; Venue; Situs.
Sec. 13.36.035. Court jurisdiction; choice of law. - (a) The court has exclusive jurisdiction of proceedings initiated by...
Sec. 13.36.040. Trust proceedings; venue. - Venue for proceedings under AS 13.36.035 involving registered trusts is...
Sec. 13.36.043. Change of situs to Alaska. - (a) The situs of a foreign trust is moved to...
Sec. 13.36.045. Trust proceedings; matters relating to foreign trusts. - (a) The court will not, over the objection of a...
Sec. 13.36.050. Concurrent jurisdiction; venue. - The court of the place in which the trust is...
Sec. 13.36.055. Proceedings for review of employment of agents and review of compensation of trustee and employees of trust. - (a) On petition of an interested person, after notice to...
Sec. 13.36.060. Trust proceedings; initiation by notice; necessary parties. - Proceedings under AS 13.36.035 are initiated by filing a petition...
Article 3. Trustees.
Sec. 13.36.070. General duty not limited. - Except as specifically provided, the general duty of the trustee...
Sec. 13.36.071. Accepting or rejecting trusteeship. - (a) Except as otherwise provided in (c) or (d) of...
Sec. 13.36.072. Co-trustees. - (a) Except as otherwise provided in the trust instrument, (1)...
Sec. 13.36.073. Vacancy in trusteeship; appointment of successor. - (a) Except as otherwise provided in the trust instrument, a...
Sec. 13.36.074. Resignation of trustee. - (a) Except as otherwise provided in the trust instrument, a...
Sec. 13.36.076. Removal of trustee. - (a) A trustee may be removed from office (1) by...
Sec. 13.36.077. Delivery of property by former trustee. - Except as otherwise provided in the trust instrument, (1) unless...
Sec. 13.36.078. Reimbursement of expenses. - Except as otherwise provided in the trust instrument, (1) a...
Sec. 13.36.079. Certification of trust; penalty. - (a) Except as otherwise provided in the trust instrument, instead...
Sec. 13.36.080. Duty to inform and account to beneficiaries. - (a) The trustee shall keep the beneficiaries of the trust...
Sec. 13.36.085. Bonding. - A trustee need not provide bond to secure performance of...
Sec. 13.36.090. Trustee's duty; appropriate place of administration; deviation. - A trustee is under a continuing duty to administer the...
Sec. 13.36.095. Personal liability of trustee to third parties. - (a) [Repealed, § 22 ch 105 SLA 1998.] (b) Subject...
Sec. 13.36.100. Limitations on proceedings against trustees. - (a) Unless resolved or barred under (b) or (c) of...
Sec. 13.36.105. Powers attached to the office of trustee. - Unless otherwise provided by the trust instrument, an amendment of...
Sec. 13.36.107. General powers. - (a) Without authorization by a court, a trustee may exercise...
Sec. 13.36.109. Specific powers of trustees. - Except as otherwise provided by this chapter, in addition to...
Sec. 13.36.110. Liability of trustee relating to exercise of power. - A dissenting trustee who has joined another trustee in exercising...
Sec. 13.36.120. Voting of corporate stock owned by trustee. - A trustee of a trust owning corporate stock is liable...
Sec. 13.36.125. Creation of trust bank account to pay special debts. - Whenever a bank account is, by entries made on the...
Sec. 13.36.130. Failure of beneficiary to present claim for payment. - If a beneficiary for whom a trust bank account is...
Sec. 13.36.135. Holding stock in name of nominee. - (a) A trustee of a trust owning stocks, bonds, notes,...
Sec. 13.36.140. Loan of trust funds. - Except as provided in AS 13.36.145, a corporate trustee may...
Sec. 13.36.145. Corporate trustee depositing trust funds with itself. - (a) A corporate trustee that is subject to regulation and...
Sec. 13.36.150. Trustee leasing, buying, or selling to or from itself or a related person. - A trustee, unless expressly authorized by the trust instrument, may...
Sec. 13.36.153. Restrictions on exercising certain trustee powers. - (a) Notwithstanding AS 13.36.107, a trustee who is not an...
Sec. 13.36.155. Permitted sales between trusts held by same corporate trustee. - If the transaction is fair to both trusts and if...
Sec. 13.36.157. Exercise of power of appointment. - (a) An authorized trustee with unlimited discretion to invade trust...
Sec. 13.36.158. Additional provisions relating to exercise of a power of appointment. - (a) An exercise of the power to invade trust principal...
Sec. 13.36.159. Implementation of power of appointment. - (a) Unless the authorized trustee provides otherwise, the appointment of...
Sec. 13.36.160. Corporate trustee buying its own or an affiliate's securities. - A corporate trustee may not purchase for a trust shares...
Sec. 13.36.165. Withdrawals from mingled trust funds. - If a person who is a trustee of two or...
Sec. 13.36.169. Elections to qualify property for marital deduction and generation-skipping transfer tax allocations. - (a) Unless a governing instrument specifically refers to this section...
Sec. 13.36.170. Unenforceable oral trust created by deed. - (a) When an interest in real property is conveyed by...
Sec. 13.36.175. Action on contract against trustee in representative capacity. - (a) When a trustee makes a contract that is within...
Sec. 13.36.180. Exoneration or reimbursement for tort. - (a) A trustee who has incurred personal liability for a...
Sec. 13.36.185. Tort liability of trust. - (a) If a trustee or a predecessor of the trustee...
Sec. 13.36.190. Personal liability for tort committed by trustee. - A trustee may be held personally liable for a tort...
Sec. 13.36.192. Power of settlor of trust. - (a) The settlor of a trust affected by AS 13.36.105...
Sec. 13.36.194. Power of beneficiary of trust. - A beneficiary of a trust affected by AS 13.36.105 -...
Sec. 13.36.196. Relieving trustee of duties, restrictions, and liability; power of the court. - A court of competent jurisdiction may, for cause shown and...
Sec. 13.36.198. Consequences of violations. - If a trustee violates a provision of AS 13.36.105 -...
Sec. 13.36.215. Definitions. - (a) In AS 13.36.105 - 13.36.220, unless the context or...
Sec. 13.36.220. Short title. - AS 13.36.105 - 13.36.220 may be cited as the Alaska...
Article 4. Alaska Uniform Prudent Investor Act.
Sec. 13.36.225. Prudent investor rule. - (a) Except as otherwise provided in (b) of this section...
Sec. 13.36.230. Standard of care; portfolio strategy; risk and return objectives. - (a) A trustee shall invest and manage trust assets as...
Sec. 13.36.235. Diversification. - A trustee shall diversify the investments of the trust unless...
Sec. 13.36.240. Duties at inception of trusteeship. - Within a reasonable time after accepting a trusteeship or receiving...
Sec. 13.36.245. Loyalty. - A trustee shall invest and manage the trust assets solely...
Sec. 13.36.250. Impartiality. - If a trust has two or more beneficiaries, the trustee...
Sec. 13.36.260. Investment costs. - In investing and managing trust assets, a trustee may only...
Sec. 13.36.265. Reviewing compliance. - Compliance with the prudent investor rule is determined in light...
Sec. 13.36.270. Delegation of investment and management functions. - (a) A trustee may delegate investment and management functions that...
Sec. 13.36.273. Trustee duties relating to insurance. - (a) With respect to a contract for life insurance acquired...
Sec. 13.36.275. Language invoking standard of AS 13.36.225 - 13.36.290. - The following terms or comparable language in the provisions of...
Sec. 13.36.280. Application. - (a) AS 13.36.225 - 13.36.290 apply to trusts existing on...
Sec. 13.36.285. Uniformity of application and construction. - AS 13.36.225 - 13.36.290 shall be applied and construed to...
Sec. 13.36.290. Short title. - AS 13.36.225 - 13.36.290 may be cited as the Alaska...
Article 5. Miscellaneous Provisions.
Sec. 13.36.300. Administration of certain trusts with respect to federal law. - (a) Except as specified in (b) of this section, in...
Sec. 13.36.310. Challenges to trusts. - (a) Except as provided in AS 34.40.110(b), a trust that...
Sec. 13.36.320. Nonqualified persons serving as trustees. - (a) If at least one qualified person serves as trustee...
Sec. 13.36.330. Penalty clause. - A provision in an inter vivos or testamentary trust purporting...
Sec. 13.36.335. Application of special distribution provisions. - The asset distribution provisions of AS 13.16.540 - 13.16.545, 13.16.560,...
Sec. 13.36.338. Presumption of revocability. - (a) Unless a trust is expressly made irrevocable, a trust...
Sec. 13.36.340. Modification and revocation of revocable trusts. - (a) A trust that is revocable by the settlor may...
Sec. 13.36.345. Modification or termination of irrevocable trusts because of unanticipated circumstances. - (a) On petition by a trustee, settlor, or beneficiary, a...
Sec. 13.36.350. Reformation to correct mistakes in irrevocable trusts. - (a) On petition by a trustee, settlor, or beneficiary, a...
Sec. 13.36.355. Construction or modification of trust to achieve settlor's tax objectives. - (a) The terms of a trust shall be construed to...
Sec. 13.36.360. Modification or termination of irrevocable trust by consent. - (a) Except as otherwise provided by this section, on petition...
Sec. 13.36.365. Uneconomical irrevocable trust. - (a) Notwithstanding the other provisions of AS 13.36.338 - 13.36.365,...
Sec. 13.36.368. Claims against revocable trusts. - (a) Whether or not the terms of the trust contain...
Sec. 13.36.370. Trust protector. - (a) A trust instrument may provide for the appointment of...
Sec. 13.36.375. Trustee advisor. - (a) A trust instrument may provide for the appointment of...
Sec. 13.36.390. Definitions. - In this chapter, (1) “party in interest” means, if the...