§ 19-3B-101 Short title
§ 19-3B-102 Scope
§ 19-3B-103 Definitions
§ 19-3B-104 Knowledge
§ 19-3B-105 Default and mandatory rules
§ 19-3B-106 Common law of trusts; principles of equity
§ 19-3B-107 Governing law
§ 19-3B-108 Principal place of administration
§ 19-3B-109 Methods and waiver of notice
§ 19-3B-110 Others treated as qualified beneficiaries
§ 19-3B-111 Nonjudicial settlement agreements
§ 19-3B-112 Rules of construction
§ 19-3B-201 Role of court in administration of trust
§ 19-3B-202 Jurisdiction over trustee and beneficiary
§ 19-3B-203 Subject matter jurisdiction
§ 19-3B-204 Venue
§ 19-3B-205 Judicial accountings and settlements
§ 19-3B-301 Representation: Basic effect
§ 19-3B-302 Representation by holder of power of appointment
§ 19-3B-303 Representation by fiduciaries and ancestors
§ 19-3B-304 Representation by person having substantially identical interest
§ 19-3B-305 Appointment of representative
§ 19-3B-401 Methods of creating trust
§ 19-3B-402 Requirements for creation
§ 19-3B-403 Trusts created in other jurisdictions
§ 19-3B-404 Trust purposes
§ 19-3B-405 Charitable purposes; enforcement
§ 19-3B-406 Creation of trust induced by fraud, duress, or undue influence
§ 19-3B-407 Evidence of oral trust
§ 19-3B-408 Trust for care of animal
§ 19-3B-409 Noncharitable trust without ascertainable beneficiary
§ 19-3B-410 Modification or termination of trust; proceedings for approval or disapproval
§ 19-3B-411 Modification or termination of noncharitable irrevocable trust by consent
§ 19-3B-412 Modification or termination because of unanticipated circumstances or inability to administer trust effectively
§ 19-3B-413 Cy pres
§ 19-3B-414 Modification or termination of uneconomic trust
§ 19-3B-415 Reformation to correct mistakes
§ 19-3B-416 Modification to achieve settlor’s tax objectives
§ 19-3B-417 Combination and division of trusts
§ 19-3B-501 Rights of beneficiary’s creditor or assignee
§ 19-3B-502 Spendthrift provision
§ 19-3B-503 Exceptions to spendthrift provision
§ 19-3B-504 Discretionary trusts; effect of standard
§ 19-3B-505 Creditor’s claim against settlor
§ 19-3B-506 Overdue distribution
§ 19-3B-507 Personal obligations of trustee
§ 19-3B-508 Qualified trusts under the Internal Revenue Code
§ 19-3B-601 Capacity of settlor of revocable trust
§ 19-3B-602 Revocation or amendment of revocable trust
§ 19-3B-603 Settlor’s powers; powers of withdrawal
§ 19-3B-604 Limitation on action contesting validity of revocable trust; distribution of trust property
§ 19-3B-701 Accepting or declining trusteeship
§ 19-3B-702 Trustee’s bond
§ 19-3B-703 Co-trustees
§ 19-3B-704 Vacancy in trusteeship; appointment of successor
§ 19-3B-705 Resignation of trustee
§ 19-3B-706 Removal of trustee
§ 19-3B-707 Delivery of property by former trustee
§ 19-3B-708 Compensation of trustee
§ 19-3B-709 Reimbursement of expenses
§ 19-3B-801 Duty to administer trust
§ 19-3B-802 Duty of loyalty
§ 19-3B-803 Impartiality
§ 19-3B-804 Prudent administration
§ 19-3B-805 Costs of administration
§ 19-3B-806 Trustee’s skills
§ 19-3B-807 Delegation by trustee
§ 19-3B-808 Powers to direct
§ 19-3B-809 Control and protection of trust property
§ 19-3B-810 Recordkeeping and identification of trust property
§ 19-3B-811 Enforcement and defense of claims
§ 19-3B-812 Collecting trust property
§ 19-3B-813 Duty to inform and report
§ 19-3B-814 Discretionary powers; tax savings
§ 19-3B-815 General powers of trustee
§ 19-3B-816 Specific powers of trustee
§ 19-3B-817 Distribution upon termination
§ 19-3B-818 Life insurance policies held by trustee
§ 19-3B-901 Prudent investor rule
§ 19-3B-902 Standard of care; portfolio strategy; risk and return objectives
§ 19-3B-903 Diversification
§ 19-3B-904 Duties at inception of trusteeship
§ 19-3B-905 Reviewing compliance
§ 19-3B-906 Language invoking standard of prudent investor rule
§ 19-3B-1001 Remedies for breach of trust
§ 19-3B-1002 Damages for breach of trust
§ 19-3B-1003 Damages in absence of breach
§ 19-3B-1005 Limitation of action against trustee
§ 19-3B-1006 Reliance on trust instrument
§ 19-3B-1007 Event affecting administration or distribution
§ 19-3B-1008 Exculpation of trustee
§ 19-3B-1009 Beneficiary’s consent, release, or ratification
§ 19-3B-1010 Limitation on personal liability of trustee
§ 19-3B-1011 Interest as general partner
§ 19-3B-1012 Protection of person dealing with trustee
§ 19-3B-1013 Certification of trust
§ 19-3B-1101 Protection of special needs trusts and other similar trusts for disabled persons
§ 19-3B-1201 Uniformity of application and construction
§ 19-3B-1202 Electronic records and signatures
§ 19-3B-1203 Severability clause
§ 19-3B-1204 Application to existing relationships
§ 19-3B-1301 Trust concerning lands required to be in writing
§ 19-3B-1302 Trust void as to creditors or purchasers without notice
§ 19-3B-1303 Trust estate not descendible upon death of trustee
§ 19-3B-1304 Trusts for employees or self-employed persons
§ 19-3B-1305 Trusts consisting of insurance policies or proceeds
§ 19-3B-1306 Release of a trustee from its duties to a trust
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Terms Used In Alabama Code > Title 19 > Chapter 3B - Alabama Uniform Trust Code

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • following: means next after. See Alabama Code 1-1-1
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Intestate: Dying without leaving a will.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legatee: A beneficiary of a decedent
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • minor ward: is a minor for whom a guardian has been appointed solely because of minority. See Alabama Code 26-2A-20
  • month: means a calendar month. See Alabama Code 1-1-1
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Oath: A promise to tell the truth.
  • oath: includes affirmation. See Alabama Code 1-1-1
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: is a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See Alabama Code 8-27-2
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Personal property: All property that is not real property.
  • personal property: includes money, goods, chattels, things in action and evidence of debt, deeds and conveyances. See Alabama Code 1-1-1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • preceding: means next before. See Alabama Code 1-1-1
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • subscription: include a mark when the person cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing. See Alabama Code 1-1-1
  • Summons: Another word for subpoena used by the criminal justice system.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the territories thereof and the District of Columbia. See Alabama Code 1-1-1
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
  • year: means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year. See Alabama Code 1-1-1