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Article 1 - General Provisions and Definitions
§ 91-8-101. Short title - This chapter may be cited as the Mississippi Uniform Trust...
§ 91-8-102. Scope - This chapter applies to express trusts, charitable or noncharitable, and...
§ 91-8-103. Definitions - [Effective from and after January 1, 2020, this section will...
§ 91-8-104. Knowledge - Subject to subsection (b), a person has knowledge of a...
§ 91-8-105. Default and mandatory rules - Except as otherwise provided in the terms of the trust,...
§ 91-8-106. Common law of trusts; principles of equity - The common law of trusts and principles of equity supplement...
§ 91-8-107. Governing law - The validity, construction and administration of a trust are determined...
§ 91-8-108. Principal place of administration - Without precluding other means for establishing a sufficient connection with...
§ 91-8-109. Methods and waiver of notice - Notice to a person under this chapter or the sending...
§ 91-8-110. Others treated as qualified beneficiaries - A charitable organization expressly designated to receive distributions under the...
§ 91-8-111. Nonjudicial settlement agreements - Except as otherwise provided in subsection (b), the trustee and...
§ 91-8-112. Rules of construction - The rules of construction that apply in this state to...
Article 2 - Judicial Proceedings
§ 91-8-201. Role of court in administration of trust - The court may intervene in the administration of a trust...
§ 91-8-202. Jurisdiction over trustee and beneficiary - By accepting the trusteeship of a trust having its principal...
§ 91-8-203. Subject-matter jurisdiction - Except as provided in subsections (b) and (c), the chancery...
§ 91-8-204. Venue - Except as otherwise provided in subsection (b), venue for a...
§ 91-8-205. Judicial accountings and settlements - A trustee may file an accounting of the trustee's administration...
Article 3 - Representation
§ 91-8-301. Representation: basic effect - Notice to a person who may represent and bind another...
§ 91-8-302. Representation by holder of power of appointment - To the extent there is no material conflict of interest...
§ 91-8-303. Representation by fiduciaries and parents - To the extent there is no material conflict of interest...
§ 91-8-304. Representation by person having substantially identical interest - Unless otherwise represented, a minor, incapacitated, or unborn individual, or...
§ 91-8-305. Appointment of representative - If the court determines that an interest is not represented...
Article 4 - Creation, validity, modification, and termination of trust
§ 91-8-401. Methods of creating trust - A trust may be created by: Expressly grants authority to...
§ 91-8-402. Requirements for creation - A trust is created only if: A charitable trust; A...
§ 91-8-403. Trusts created in other jurisdictions - A trust not created by will is validly created if...
§ 91-8-404. Trust purposes - A trust may be created only to the extent its...
§ 91-8-405. Charitable purposes; enforcement - A charitable trust may be created for the relief of...
§ 91-8-406. Creation of trust induced by fraud, duress, or undue influence - A trust is void to the extent its creation was...
§ 91-8-407. Evidence of oral trust; trust in land - Except as provided in subsection (b) and except as required...
§ 91-8-408. Trust for care of animal - A trust may be created to provide for the care...
§ 91-8-409. Noncharitable trust without ascertainable beneficiary - Except as otherwise provided in Section 91-8-408, Section 41-43-51 or...
§ 91-8-410. Modification or termination of trust; proceedings for approval or disapproval - In addition to the methods of termination prescribed by Sections...
§ 91-8-411. Modification or termination of noncharitable irrevocable trust by consent - During the settlor's lifetime, a noncharitable irrevocable trust may be...
§ 91-8-412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively - The court may modify the administrative or dispositive terms of...
§ 91-8-413. Cy pres - Except as otherwise provided in subsection (b), if a particular...
§ 91-8-414. Modification or termination of uneconomic trust - After notice to the qualified beneficiaries, the trustee of a...
§ 91-8-415. Reformation to correct mistakes - The court may reform the terms of a trust, even...
§ 91-8-416. Modification to achieve settlor's tax objectives - To achieve the settlor's tax objectives, the court may modify...
§ 91-8-417. Combination and division of trusts - After notice to the qualified beneficiaries, a trustee may combine...
Article 6 - Revocable Trusts
§ 91-8-601. Capacity of settlor of revocable trust - The capacity required to create, amend, revoke, or add property...
§ 91-8-602. Revocation or amendment of revocable trust - Unless the terms of a trust expressly provide that the...
§ 91-8-603. Settlor's powers; powers of withdrawal - While a trust is revocable rights of the beneficiaries are...
§ 91-8-604. Limitation on action contesting validity of revocable trust; distribution of trust property - A person may commence a judicial proceeding to contest the...
Article 7 - Office of Trustee
§ 91-8-701. Accepting or declining trusteeship - Except as otherwise provided in subsection (c), a person designated...
§ 91-8-702. Trustee's bond - A trustee shall give bond to secure performance of the...
§ 91-8-703. Cotrustees - Cotrustees who are unable to reach a unanimous decision after...
§ 91-8-704. Vacancy in trusteeship; appointment of successor - A vacancy in a trusteeship occurs if: If one or...
§ 91-8-705. Resignation of trustee - A trustee may resign: In approving a resignation, the court...
§ 91-8-706. Removal of trustee - The settlor, a cotrustee, or a beneficiary may request the...
§ 91-8-707. Delivery of property by former trustee - Unless a cotrustee remains in office or the court otherwise...
§ 91-8-708. Compensation of trustee, trust advisor and trust protector - If the terms of a trust do not specify the...
§ 91-8-709. Reimbursement of expenses - A trustee, trust advisor, or trust protector is entitled to...
§ 91-8-710. Directed trusts - If the terms of the trust require a trustee, trust...
§ 91-8-711. Directed trusts; accepting or declining fiduciary appointment - A trust advisor, trust protector, or other fiduciary other than...
§ 91-8-712. Directed trusts; fiduciary's bond - Section 91-8-702 applies to trust advisors, trust protectors, or other...
§ 91-8-713. Vacancy; directed trusts - Except as otherwise provided by the terms of the trust...
§ 91-8-714. Directed trusts; resignation of fiduciary - A trust advisor, trust protector, or other fiduciary other than...
§ 91-8-715. Directed trusts; removal of fiduciary - A trust advisor, trust protector, or other fiduciary other than...
Article 8 - Duties and Powers of Trustee
§ 91-8-801. Duty to administer trust - Upon acceptance of a trusteeship, the trustee shall administer the...
§ 91-8-802. Duty of loyalty - A trustee shall administer the trust solely in the interests...
§ 91-8-803. Impartiality - If a trust has two (2) or more beneficiaries, the...
§ 91-8-804. Prudent administration - A trustee shall administer the trust as a prudent person...
§ 91-8-805. Costs of administration - In administering a trust, the trustee may incur only costs...
§ 91-8-806. Trustee's skills - A trustee who has special skills or expertise, or is...
§ 91-8-807. Delegation by trustee - A trustee may delegate duties and powers that a prudent...
§ 91-8-808. Powers to direct - While a trust is revocable, the trustee may follow a...
§ 91-8-809. Control and protection of trust property - A trustee shall take reasonable steps to take control of...
§ 91-8-810. Recordkeeping and identification of trust property - A trustee shall keep adequate records of the administration of...
§ 91-8-811. Enforcement and defense of claims - A trustee shall take reasonable steps to enforce claims of...
§ 91-8-812. Collecting trust property - A trustee shall take reasonable steps to compel a former...
§ 91-8-813. Duty to inform and report - (1) A trustee shall keep the beneficiaries of the trust...
§ 91-8-814. Exercise of powers over discretionary and other interests; tax savings - Relative to exercise of powers over discretionary and other interests:...
§ 91-8-815. General powers of trustee - A trustee, without authorization by the court, may exercise: All...
§ 91-8-816. Specific powers of trustee - Any references contained in a will or trust incorporating by...
§ 91-8-817. Distribution upon termination - Upon termination or partial termination of a trust, the trustee...
Article 9 - Uniform Prudent Investor Act
§ 91-8-901. Prudent Investor Act incorporated by reference - Title 91, Chapter 9, Article 13, the Mississippi Uniform Prudent...
Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustee
§ 91-8-1001. Remedies for breach of trust - A violation by a trustee of a duty the trustee...
§ 91-8-1002. Damages for breach of trust - A trustee who commits a breach of trust is liable...
§ 91-8-1003. Damages in absence of breach - Absent a breach of trust, a trustee is not liable...
§ 91-8-1004. Attorney's fees and costs - In a judicial proceeding involving the administration of a trust,...
§ 91-8-1005. Limitation of action against trustee by a beneficiary, a trustee, trust advisor or trust protector - A beneficiary may not commence a proceeding against a trustee...
§ 91-8-1006. Reliance on trust instrument - A trustee who acts in reasonable reliance on the terms...
§ 91-8-1007. Event affecting administration or distribution - If the happening of an event, including marriage, divorce, performance...
§ 91-8-1008. Exculpation of trustee - A provision of a trust relieving a trustee of liability...
§ 91-8-1009. Beneficiary's consent, release, or ratification - A trustee is not liable to a beneficiary for breach...
§ 91-8-1010. Limitation on personal liability of trustee - Except as otherwise provided in the contract, a trustee is...
§ 91-8-1011. Interest as general partner - Except as otherwise provided in subsection (c) or unless personal...
§ 91-8-1012. Protection of person dealing with trustee - A person other than a beneficiary who in good faith...
§ 91-8-1013. Certification of trust - Instead of furnishing a copy of the trust instrument to...
§ 91-8-1014. Enforcement of no-contest, in terrorem or forfeiture provisions - For the purposes of this section, "no-contest provision" includes a...
Article 11 - Miscellaneous Provisions
§ 91-8-1101. Uniformity of application and construction - In applying and construing this chapter, consideration must be given...
§ 91-8-1102. Electronic records and signatures - The provisions of this chapter governing the legal effect, validity,...
§ 91-8-1103. Severability clause - If any provision of this chapter or its application to...
§ 91-8-1104 and 91-8-1105. - Except as otherwise provided in this chapter: If a right...
§ 91-8-1107. Alter ego - Absent clear and convincing evidence, no settlor of an irrevocable...
§ 91-8-1108. Dominion and control over a trust - In the event a person challenges a settlor's or a...
§ 91-8-1109. Protection of special needs trusts and other similar trusts for disabled persons - Notwithstanding the provisions of this chapter that may otherwise be...
Article 12 - Trust Advisors and Trust Protectors
§ 91-8-1201. Powers of trust advisors and trust protectors - A trust protector or trust advisor is any person, and...
§ 91-8-1202. Trust advisors and trust protectors as fiduciaries - A trust advisor or trust protector, other than a beneficiary,...
§ 91-8-1203. Trust advisor and trust protector subject to court jurisdiction - By accepting appointment to serve as a trust advisor or...
§ 91-8-1204. No duty to review actions of trustee, trust advisor, or trust protector - Whenever, pursuant to the terms of a trust, an excluded...
§ 91-8-1205. Fiduciary's liability for action or inaction of trustee, trust advisor, and trust protector - An excluded fiduciary is not liable, either individually or as...
§ 91-8-1206. Limitation of action against trust advisor or trust protector - A beneficiary may not commence a proceeding against a trust...