68-811. VALIDITY AND EFFECT OF TRANSFER. (1) The validity of a transfer made in a manner prescribed in this chapter is not affected by:
(a) Failure of the transferor to comply with section 68-809(3), Idaho Code, concerning possession and control;
(b) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under section 68-809(1), Idaho Code; or
(c) Death or incapacity of a person nominated under section 68-803, Idaho Code, or designated under section 68-809, Idaho Code, as custodian or the disclaimer of the office by that person.
(2) A transfer made pursuant to section 68-809, Idaho Code, is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this chapter, and neither the minor nor the minor’s legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this chapter.
(c)[(3)] By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this chapter.
History:
[68-811, added 1984, ch. 152, sec. 2, p. 362.]
Structure Idaho Code
Title 68 - TRUSTS AND FIDUCIARIES
Chapter 8 - TRANSFERS TO MINORS
Section 68-802 - SCOPE AND JURISDICTION.
Section 68-803 - NOMINATION OF CUSTODIAN.
Section 68-804 - TRANSFER BY GIFT OR EXERCISE OF POWER OF APPOINTMENT.
Section 68-805 - TRANSFER AUTHORIZED BY WILL OR TRUST.
Section 68-806 - OTHER TRANSFER BY FIDUCIARY.
Section 68-807 - TRANSFER BY OBLIGOR.
Section 68-808 - RECEIPT FOR CUSTODIAL PROPERTY.
Section 68-810 - SINGLE CUSTODIANSHIP.
Section 68-811 - VALIDITY AND EFFECT OF TRANSFER.
Section 68-812 - CARE OF CUSTODIAL PROPERTY.
Section 68-813 - POWERS OF CUSTODIAN.
Section 68-814 - USE OF CUSTODIAL PROPERTY.
Section 68-815 - CUSTODIAN’S EXPENSES, COMPENSATION, AND BOND.
Section 68-816 - EXEMPTION OF THIRD PERSON FROM LIABILITY.
Section 68-817 - LIABILITY TO THIRD PERSONS.
Section 68-819 - ACCOUNTING BY AND DETERMINATION OF LIABILITY OF CUSTODIAN.
Section 68-820 - TERMINATION OF CUSTODIANSHIP.
Section 68-821 - APPLICABILITY.
Section 68-822 - EFFECT ON EXISTING CUSTODIANSHIPS.
Section 68-823 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.