Effective - 28 Aug 2014
456.4-420. No-contest clause, claims for relief. — 1. If a trust instrument containing a no-contest clause is or has become irrevocable, an interested person may file a petition to the court for an interlocutory determination whether a particular motion, petition, or other claim for relief by the interested person would trigger application of the no-contest clause or would otherwise trigger a forfeiture that is enforceable under applicable law and public policy.
2. The petition described in subsection 1 of this section shall be verified under oath. The petition may be filed by an interested person either as a separate judicial proceeding, or brought with other claims for relief in a single judicial proceeding, all in the manner prescribed generally for such proceedings under this chapter. If a petition is joined with other claims for relief, the court shall enter its order or judgment on the petition before proceeding any further with any other claim for relief joined therein. In ruling on such a petition, the court shall consider the text of the clause, the context to the terms of the trust instrument as a whole, and in the context of the verified factual allegations in the petition. No evidence beyond the pleadings and the trust instrument shall be taken except as required to resolve an ambiguity in the no-contest clause.
3. An order or judgment determining a petition described in subsection 1 of this section shall have the effect set forth in subsections 4 and 5 of this section, and shall be subject to appeal as with other final judgments. If the order disposes of fewer than all claims for relief in a judicial proceeding, that order is subject to interlocutory appeal in accordance with the applicable rules for taking such an appeal. If an interlocutory appeal is taken, the court may stay the pending judicial proceeding until final disposition of said appeal on such terms and conditions as the court deems reasonable and proper under the circumstances. A final ruling on the applicability of a no-contest clause shall not preclude any later filing and adjudication of other claims related to the trust.
4. An order or judgment, in whole or in part, on a petition described in subsection 1 of this section shall result in the no-contest clause being enforceable to the extent of the court's ruling, and shall govern application of the no-contest clause to the extent that the interested person then proceeds forward with the claims described therein. In the event such an interlocutory order or judgment is vacated, reversed, or otherwise modified on appeal, no interested person shall be prejudiced by any reliance, through action, inaction, or otherwise, on the order or judgment prior to final disposition of the appeal.
5. An order or judgment shall have effect only as to the specific trust terms and factual basis recited in the petition. If claims are later filed that are materially different than those upon which the order or judgment is based, then to the extent such new claims are raised, the party in whose favor the order or judgment was entered shall have no protection from enforcement of the no-contest clause otherwise afforded by the order and judgment entered under this section.
6. For purposes of this section, a "no-contest clause" shall mean a provision in a trust instrument purporting to rescind a donative transfer to, or a fiduciary appointment of, any person, or that otherwise effects a forfeiture of some or all of an interested person's beneficial interest in a trust estate as a result of some action taken by the beneficiary. This definition shall not be construed in any way as determining whether a no-contest clause is enforceable under applicable law and public policy in a particular factual situation. As used in this section, the term "no-contest clause" shall also mean an "in terrorem clause".
7. A no-contest clause is not enforceable against an interested person in, but not limited to, the following circumstances:
(1) Filing a motion, petition, or other claim for relief objecting to the jurisdiction or venue of the court over a proceeding concerning a trust, or over any person joined, or attempted to be joined, in such a proceeding;
(2) Filing a motion, petition, or other claim for relief concerning an accounting, report, or notice that has or should have been made by a trustee, provided the interested person otherwise has standing to do so under applicable law, including, but not limited to, section 456.6-603;
(3) Filing a motion, petition, or other claim for relief under chapter 475 concerning the appointment of a guardian or conservator for the settlor;
(4) Filing a motion, petition, or other claim for relief under chapter 404 concerning the settlor;
(5) Disclosure to any person of information concerning a trust instrument or that is relevant to a proceeding before the court concerning the trust instrument or property of the trust estate, unless such disclosure is otherwise prohibited by law;
(6) Filing a motion, pleading, or other claim for relief seeking approval of a nonjudicial settlement agreement concerning a trust instrument, as set forth in section 456.1-111;
(7) To the extent a petition under subsection 1 of this section is limited to the procedure and purpose described therein.
8. In any proceeding brought under this section, the court may award costs, expenses, and attorneys' fees to any party, as provided in section 456.10-1004.
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(L. 2014 H.B. 1231 merged with S.B. 500 merged with S.B. 621)
Structure Missouri Revised Statutes
Title XXXI - Trusts and Estates of Decedents and Persons Under Disability
Chapter 456 - Trusts and Trustees — The Uniform Trust Code
Section 456.001 - Bequests or transfer to spouse, valuation of.
Section 456.003 - Absence of active duties not to curtail powers of trustee.
Section 456.005 - Life insurance trusts.
Section 456.006 - Health savings account, trust may be created, when.
Section 456.007 - Lessor, trustee of deposits by lessee, when — exception.
Section 456.009 - Lessor liable for double amount of deposit so held in trust, when.
Section 456.013 - Trusts for benefit of employees or self-employed persons — accumulation.
Section 456.017 - Applicability of sections 456.011, 456.013, and 456.014.
Section 456.021 - Addition to trusts.
Section 456.026 - Rule against perpetuities, trust subject to, when.
Section 456.027 - Registration of trust.
Section 456.029 - Registration procedure.
Section 456.031 - Records and certified copies.
Section 456.033 - Effect of registration.
Section 456.035 - Evidence as to death or status — five-year absence presumption of death.
Section 456.037 - Trust property — when deemed unclaimed.
Section 456.039 - Procedure by trustee with respect to unclaimed property.
Section 456.041 - Unclaimed property — liability of trustee.
Section 456.970 - Short title.
Section 456.975 - Definitions.
Section 456.980 - Governing Law — common law and principles of equity.
Section 456.985 - Act to govern powers — exceptions.
Section 456.990 - Creations of power of appointment.
Section 456.995 - Nontransferability.
Section 456.1005 - Rules of classification.
Section 456.1010 - Power to revoke or amend.
Section 456.1015 - Requisites for exercise of power of appointment.
Section 456.1020 - Intent to exercise — determining intent from residuary clause.
Section 456.1025 - Intent to exercise — after-acquired power.
Section 456.1030 - Substantial compliance with donor-imposed formal requirement.
Section 456.1035 - Permissible appointment.
Section 456.1040 - Appointment to deceased appointee or permissible appointee's descendant.
Section 456.1045 - Impermissible appointment.
Section 456.1050 - Selective allocation doctrine.
Section 456.1060 - Disposition of unappointed property under released or unexercised general power.
Section 456.1075 - Powerholder's authority to revoke or amend exercise.
Section 456.1080 - Disclaimer.
Section 456.1085 - Authority to release — method of release — revocation or amendment of release.
Section 456.1095 - Remedy for breach of contract to appoint or not to appoint.
Section 456.1100 - Creditor claim — general power created by powerholder.
Section 456.1105 - Creditor claim — general power not created by powerholder.
Section 456.1110 - Power to withdraw.
Section 456.1115 - Creditor claim — nongeneral power.
Section 456.1125 - Uniformity of application and construction.
Section 456.1130 - Relation to Electronic Signatures in Global and National Commerce Act.
Section 456.1135 - Application to existing relationships.
Section 456.1-101 - Short title.
Section 456.1-103 - Definitions.
Section 456.1-104 - Knowledge.
Section 456.1-105 - Default and mandatory rules.
Section 456.1-106 - Common law of trusts — principles of equity.
Section 456.1-107 - Governing law.
Section 456.1-108 - Principal place of administration.
Section 456.1-109 - Methods and waiver of notice.
Section 456.1-110 - Others treated as qualified beneficiaries.
Section 456.1-111 - Nonjudicial settlement agreements.
Section 456.1-112 - Rules of construction — inapplicable to certain trusts.
Section 456.1-113 - Transfer of assets to trust subjects assets to terms of the trust.
Section 456.1-114 - Familial relationships.
Section 456.2-201 - Role of court in administration of trust.
Section 456.2-202 - Jurisdiction over trustee and beneficiary.
Section 456.2-205 - Enforceability of mediation or arbitration provisions.
Section 456.3-301 - Representation, basic effect — prohibited, when.
Section 456.3-302 - Representation by holder of general testamentary power of appointment.
Section 456.3-303 - Representation by fiduciaries and parents.
Section 456.3-304 - Representation by person having substantially identical interest.
Section 456.3-305 - Appointment of representative.
Section 456.4-401 - Methods of creating trust.
Section 456.4-402 - Requirements for creation.
Section 456.4-403 - Trusts created in other jurisdictions.
Section 456.4-404 - Trust purposes.
Section 456.4-405 - Charitable purposes — enforcement.
Section 456.4-406 - Creation of trust induced by fraud, duress, or undue influence.
Section 456.4-407 - Evidence of oral trust.
Section 456.4-408 - Trust for care of animal.
Section 456.4-409 - Noncharitable trust without ascertainable beneficiary.
Section 456.4-410 - Modification or termination of trust — proceedings for approval or disapproval.
Section 456.4-414 - Modification or termination of uneconomic trust.
Section 456.4-415 - Reformation to correct mistakes.
Section 456.4-416 - Modification to achieve settlor's tax objectives.
Section 456.4-417 - Combination and division of trusts.
Section 456.4-420 - No-contest clause, claims for relief.
Section 456.5-501 - Rights of beneficiary's creditor or assignee, exceptions.
Section 456.5-502 - Spendthrift provision.
Section 456.5-503 - Exceptions to spendthrift provision.
Section 456.5-505 - Creditor's claim against settlor.
Section 456.5-506 - Mandatory distribution defined — overdue distribution.
Section 456.5-507 - Personal obligations of trustee.
Section 456.5-508 - Creditor claim, appointive property not subject to, when.
Section 456.6-601 - Capacity of settlor of revocable trust.
Section 456.6-602 - Revocation or amendment of revocable trust.
Section 456.6-603 - Settlor's powers — powers of withdrawal.
Section 456.7-701 - Accepting of declining trusteeship.
Section 456.7-702 - Trustee's bond.
Section 456.7-703 - Cotrustees.
Section 456.7-704 - Vacancy in trusteeship — appointment of successor.
Section 456.7-705 - Resignation of trustee.
Section 456.7-706 - Removal of trustee.
Section 456.7-707 - Delivery of property by former trustee.
Section 456.7-708 - Compensation of trustee.
Section 456.7-709 - Reimbursement of expenses.
Section 456.8-801 - Duty to administer trust.
Section 456.8-802 - Duty of loyalty.
Section 456.8-803 - Impartiality.
Section 456.8-804 - Prudent administration.
Section 456.8-805 - Costs of administration.
Section 456.8-806 - Trustee's skills.
Section 456.8-807 - Delegation by trustee.
Section 456.8-808 - Powers to direct — trust protector, powers, limitations.
Section 456.8-809 - Control and protection of trust property.
Section 456.8-810 - Record keeping and identification of trust property.
Section 456.8-811 - Enforcement and defense of claims.
Section 456.8-812 - Collecting trust property.
Section 456.8-813 - Duty to inform and report — inapplicable, when.
Section 456.8-814 - Discretionary powers — tax savings.
Section 456.8-815 - General powers of trustee.
Section 456.8-816 - Specific powers of trustee.
Section 456.8-817 - Distribution upon termination.
Section 456.10-1001 - Remedies for breach of trust.
Section 456.10-1002 - Damages for breach of trust.
Section 456.10-1003 - Damages in absence of breach.
Section 456.10-1004 - Attorney's fees and costs.
Section 456.10-1005 - Limitation of action against trustee.
Section 456.10-1006 - Reliance on trust instrument.
Section 456.10-1007 - Event affecting administration or distribution.
Section 456.10-1008 - Exculpation of trustee.
Section 456.10-1009 - Beneficiary's consent, release, or ratification.
Section 456.10-1010 - Limitation on personal liability of trustee.
Section 456.10-1011 - Interest as general partner.
Section 456.10-1012 - Protection of person dealing with trustee.
Section 456.10-1013 - Certification of trust.
Section 456.11-1101 - Uniformity of application and construction.
Section 456.11-1102 - Electronic records and signatures.
Section 456.11-1103 - Severability clause.
Section 456.11-1104 - Effective date.
Section 456.11-1106 - Application to existing relationships.