Planning Your Estate Matters
St. Louis Estate Planning, Probate, Wills, Trust and Business Law Attorney
2006 Updates to the Missouri Uniform Trust Code
In 2004, Missouri adopted the Uniform Trust Code (UTC). In 2006, Missouri further refined the UTC by amending certain sections.
One interesting change made by the Missouri legislature to the UTC in 2006, is found in the definition of the term “revocable”. “‘Revocable’ as applied to a Trust, means that the settlor has the legal power to revoke the trust...regardless of whether the settlor has the mental capacity to do so in fact.” (Section 456.8-813, RSMo.). I believe that the definition of revocable was changed to make it clear that a person acting under a power of attorney, if authorized under the power of attorney, has the authority to revoke a trust, even if the settlor lacks the mental capacity. Section 456.6-601, RSMo. states “The capacity required to create, amend, revoke or add property to a revocable trust or to direct the actions of a trustee of a revocable trust is the same as that required to make a will”. This section is quite a change from the previous law of trusts.
The capacity required to execute a will is that the individual must be of sound mind, under no duress or undue influence and be over the age of 18. The will must be in writing, signed by the settlor, and to be self proving, it must be attested to by at least two competent witnesses and notarized.
The UTC does not specify the manner in which a trust should be executed, it only specifies the capacity required to create, amend, revoke or add property to a revocable trust. Even though the UTC does not specify how a trust should be executed, I have begun to have two witnesses present when a client creates, amends or revokes their trust in order to help prove that the settlor had met the capacity requirement under the UTC. By having the signatures of the settlor(s) and two witnesses notarized, it helps to satisfy the necessary requirement that the settlor(s) had capacity. These formalities are now the same as those I have used to execute a will.
If you have not amended your Living Trust since the enactment of the 2004 Missouri Uniform Trust Code, I invite you to contact our office to schedule a review.
Contact estate planning attorney Greg Robinson at 636-532-9500 in
St. Louis or 636-946-4979 in St. Charles County to arrange for a FREE initial consultation.
Estate planning attorney Greg Robinson provides estate planning, asset protection and business law services for communities in the greater St Louis and St Charles Counties, including Chesterfield, Town & Country, Ballwin, Ellisville, Wildwood, Creve Coeur, St. Charles, St. Peters, O’Fallon and Wentzville.
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