CSHB 459(JUD) AM: "An Act relating to the jurisdiction governing a trust, to challenges to trusts or property transfers in trust, to the validity of trust interests, and to transfers of certain trust interests."
00CS FOR HOUSE BILL NO. 459(JUD) am 01 "An Act relating to the jurisdiction governing a trust, to challenges to trusts or 02 property transfers in trust, to the validity of trust interests, and to transfers of 03 certain trust interests." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 13.36.035(a) is amended to read: 06 (a) The court has exclusive jurisdiction of proceedings initiated by interested 07 parties concerning the internal affairs of trusts, including trusts covered by (c) of this 08 section. Except as provided in (c) - (d) of this section, proceedings that [. 09 PROCEEDINGS WHICH] may be maintained under this section are those concerning 10 the administration and distribution of trusts, the declaration of rights and the 11 determination of other matters involving trustees and beneficiaries of trusts. These 12 include [, BUT ARE NOT LIMITED TO,] proceedings to 13 (1) appoint or remove a trustee; 14 (2) review trustees' fees and to review and settle interim or final
01 accounts; 02 (3) ascertain beneficiaries, determine any question arising in the 03 administration or distribution of any trust including questions of construction of trust 04 instruments, instruct trustees, and determine the existence or nonexistence of any 05 immunity, power, privilege, duty or right; and 06 (4) release registration of a trust. 07 * Sec. 2. AS 13.36.035 is amended by adding new subsections to read: 08 (c) A provision that the laws of this state govern the validity, construction, and 09 administration of the trust and that the trust is subject to the jurisdiction of this state 10 is valid, effective, and conclusive for the trust if 11 (1) some or all of the trust assets are deposited in this state and are 12 being administered by a qualified person; 13 (2) a trustee is a qualified person; and 14 (3) the principal place of administration is located in this state. 15 (d) The validity, construction, and administration of a trust with a state 16 jurisdiction provision are determined by the laws of this state, including the 17 (1) capacity of the settlor; 18 (2) powers, obligations, liabilities, and rights of the trustees and the 19 appointment and removal of the trustee; and 20 (3) existence and extent of powers, conferred or retained, including a 21 trustee's discretionary powers, the powers retained by a beneficiary of the trust, and 22 the validity of the exercise of a power. 23 * Sec. 3. AS 13.36.045(a) is amended to read: 24 (a) The court will not, over the objection of a party, entertain proceedings 25 under AS 13.36.035 involving a trust registered or having its principal place of 26 administration in another state, unless 27 (1) all appropriate parties could not be bound by litigation in the courts 28 of the state where the trust is registered or has its principal place of administration; 29 [OR] 30 (2) the interests of justice otherwise would seriously be impaired; or 31 (3) the trust contains a state jurisdiction provision; and
01 (A) some or all of the trust assets are deposited in this state 02 and are being administered by a qualified person; or 03 (B) a trustee is a qualified person. 04 * Sec. 4. AS 13.36 is amended by adding new sections to read: 05 Sec. 13.36.310. CHALLENGES TO TRUST. Except as provided in 06 AS 34.40.110, a trust that is covered by AS 13.36.035(c) or that is otherwise governed 07 by the laws of this state, or a property transfer in trust that is covered by 08 AS 13.36.035(c) or that is otherwise governed by the laws of this state, is not void, 09 voidable, liable to be set aside, defective in any fashion, or questionable as to the 10 settlor's capacity, on the grounds that the trust or transfer avoids or defeats a right, 11 claim, or interest conferred by law on a person by reason of a personal or business 12 relationship with the settlor or by way of a marital or similar right. 13 Sec. 13.36.390. DEFINITIONS. In AS 13.36, 14 (1) "qualified person" means 15 (A) an individual who, except for brief intervals, military 16 service, attendance at an educational or training institution, or for absences for 17 good cause shown, resides in this state, whose true and permanent home is in 18 this state, who does not have a present intention of moving from this state, and 19 who has the intention of returning to this state when away; 20 (B) a trust company that is organized under AS 06.25 and that 21 has its principal place of business in this state; or 22 (C) a bank that is organized under AS 06.05, or a national 23 banking association that is organized under 12 U.S.C. 21 - 216d, if the bank 24 or national banking association possesses and exercises trust powers and has 25 its principal place of business in this state; 26 (2) "settlor" means a person who transfers property in trust; "settlor" 27 includes a person who furnishes the property transferred to a trust even if the trust is 28 created by another person; 29 (3) "state jurisdiction provision" means a provision that the laws of this 30 state govern the validity, construction, and administration of a trust and that the trust 31 is subject to the jurisdiction of this state.
01 * Sec. 5. AS 34.27.050(a) is amended to read: 02 (a) A nonvested property interest is invalid unless 03 (1) when the interest is created, it is certain to vest or terminate no later 04 than 21 years after the death of an individual then alive; [OR] 05 (2) the interest either vests or terminates within 90 years after its 06 creation; or 07 (3) the interest is in a trust and all or part of the income or 08 principal of the trust may be distributed, in the discretion of the trustee, to a 09 person who is living when the trust is created. 10 * Sec. 6. AS 34.27.060 is amended to read: 11 Sec. 34.27.060. REFORMATION. Upon the petition of an interested person, 12 a court shall reform a disposition in the manner that most closely approximates the 13 transferor's manifested plan of distribution and is within the 90 years allowed by 14 AS 34.27.050(a)(2), (b)(2), or (c)(2) if 15 (1) a nonvested property interest or a power of appointment becomes 16 invalid under AS 34.27.050; 17 (2) a class gift is not but might become invalid under AS 34.27.050 and 18 the time has arrived when the share of any class member is to take effect in possession 19 or enjoyment; or 20 (3) a nonvested property interest that is not validated by 21 AS 34.27.050(a)(1) or (3) can vest but not within 90 years after its creation. 22 * Sec. 7. AS 34.40.010 is amended to read: 23 Sec. 34.40.010. INVALIDITY GENERALLY. Except as provided in 24 AS 34.40.110, a [A] conveyance or assignment, in writing or otherwise, of an estate 25 or interest in land, or in goods, or things in action, or of rents or profits issuing from 26 them or a charge upon land, goods, or things in action, or upon the rents or profits 27 from them, made with the intent to hinder, delay, or defraud creditors or other persons 28 of their lawful suits, damages, forfeitures, debts, or demands, or a bond or other 29 evidence of debt given, action commenced, decree or judgment suffered, with the like 30 intent, as against the persons so hindered, delayed, or defrauded is void. 31 * Sec. 8. AS 34.40.110 is repealed and reenacted to read:
01 Sec. 34.40.110. RESTRICTING TRANSFERS OF TRUST INTERESTS. (a) 02 A person who in writing transfers property in trust may provide that the interest of a 03 beneficiary of the trust may not be either voluntarily or involuntarily transferred before 04 payment or delivery of the interest to the beneficiary by the trustee. In this subsection, 05 (1) "property" includes real property, personal property, and interests 06 in real or personal property; 07 (2) "transfer" means any form of transfer, including deed, conveyance, 08 or assignment. 09 (b) If a trust contains a transfer restriction allowed under (a) of this section, 10 the transfer restriction prevents a creditor existing when the trust is created, a person 11 who subsequently becomes a creditor, or another person from satisfying a claim out 12 of the beneficiary's interest in the trust, unless the 13 (1) transfer was intended in whole or in part to hinder, delay, or 14 defraud creditors or other persons under AS 34.40.010; 15 (2) trust provides that the settlor may revoke or terminate all or part 16 of the trust without the consent of a person who has a substantial beneficial interest 17 in the trust and the interest would be adversely affected by the exercise of the power 18 held by the settlor to revoke or terminate all or part of the trust; in this paragraph, 19 "revoke or terminate" does not include a power to veto a distribution from the trust or 20 a similar power; or 21 (3) trust requires that all or a part of the trust's income or principal, or 22 both, must be distributed to the settlor. 23 (c) The satisfaction of a claim under (b)(1) - (3) of this section is limited to 24 that part of the trust to which (b)(1) - (3) of this section applies. 25 (d) In this section, "settlor" means a person who transfers real property, 26 personal property, or an interest in real or personal property, in trust. 27 * Sec. 9. This Act does not apply to a trust unless the trust is created on or after the 28 effective date of this Act.