Missouri Revised Statutes
Chapter 456 - Trusts and Trustees — The Uniform Trust Code
Section 456.985 - Act to govern powers — exceptions.

Effective - 28 Aug 2018, 2 histories
456.985. Act to govern powers — exceptions. — 1. Except as otherwise provided in the terms of an instrument creating or exercising a power of appointment, sections 456.970 to 456.1135 govern powers of appointment.
2. The terms of an instrument creating or exercising a power of appointment prevail over any provisions of sections 456.970 to 456.1135 except:
(1) The requisites for the creation of a power of appointment under subsections 1 to 4 of section 456.990;
(2) The transferability of a power of appointment by a powerholder under subsection 1 of section 456.995;
(3) The limitations on the authority of a donor to extend a general power of appointment beyond the death of a powerholder under subsection 3 of section 456.995;
(4) The power is exclusionary if the permissible appointees of a power of appointment are not defined and limited under subsection 3 of section 456.1005;
(5) The requisites for the exercise of a power of appointment under section 456.1015;
(6) The effect of an impermissible appointment under section 456.1045;
(7) A general power of appointment which is presently exercisable may be reached by the creditors of the powerholder or the powerholder's estate under section 456.1100.
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(L. 2016 H.B. 1765, A.L. 2018 H.B. 1250)

Structure Missouri Revised Statutes

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 456.011 - Trusts for benefit of employees or self-employed persons — perpetuities — suspension of alienation.

Section 456.013 - Trusts for benefit of employees or self-employed persons — accumulation.

Section 456.014 - Trust for benefit of employees — spendthrift trust, when — exempt from certain attachments, exception.

Section 456.017 - Applicability of sections 456.011, 456.013, and 456.014.

Section 456.019 - Trustees of private foundations, charitable trusts or split-interest trusts, certain acts prohibited.

Section 456.021 - Addition to trusts.

Section 456.025 - Inapplicability of the rule against perpetuities — rule prohibiting unreasonable restraints or suspension of power of alienation not violated, when — rule against accumulations not applicable, when.

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 456.950 - Definition — property and interests in property, immunity from claims, when — death of settlor, effect of — marital property rights, not affected by transfer — applicability.

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 456.1000 - Presumption of unlimited authority — exception to presumption of unlimited authority.

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 456.1055 - Capture doctrine — disposition of ineffectively appointed property under general power.

Section 456.1060 - Disposition of unappointed property under released or unexercised general power.

Section 456.1065 - Disposition of unappointed property under released or unexercised nongeneral power.

Section 456.1070 - Disposition of unappointed property if partial appointment to taker in default — appointment to taker in default.

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 456.1090 - Power to contract — presently exercisable power of appointment — power of appointment not presently exercisable.

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 456.1120 - Act not to limit ability to reach a beneficial interest under Missouri Uniform Trust Code.

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 456.1-102 - Scope.

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 456.2-204 - Venue.

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 456.4-411A - Modification or termination of noncharitable irrevocable trust by consent, exceptions.

Section 456.4-411B - Modification or termination of noncharitable irrevocable trust by consent — applicability.

Section 456.4-412 - Modification or termination because of unanticipated circumstances or inability to administer trust effectively.

Section 456.4-413 - Cy pres.

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 456.4-418 - Distribution of trust income or principal to qualified remainder beneficiary, when — applicability to irrevocable trust, when.

Section 456.4-419 - Distributions of income and principal of first trusts and second trusts, discretionary power of trustee — notice requirements.

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 456.5-504 - Discretionary trusts, interest not enforceable, when — applicability — effect of standard — limitation on access to records.

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 456.6-604 - Limitation on action contesting validity of revocable trust — distribution of trust property.

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.