Vermont Statutes Title 14 Sec. 107
Terms Used In Vermont Statutes Title 14 Sec. 107
- 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.
§ 107. Governing law
The meaning and effect of the terms of a trust are determined by:
(1) the law of the jurisdiction designated in the terms unless the designation of that jurisdiction’s law is contrary to a strong public policy of the jurisdiction having the most significant relationship to the matter at issue; or
(2) in the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue. (Added 2009, No. 20, § 1.)
Vermont Statutes Title 14 Sec. 107
Terms Used In Vermont Statutes Title 14 Sec. 107
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Probate: Proving a will
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
§ 107. Allowance of will; custody of property
(a) If consents are filed by all the heirs at law and surviving spouse, a will may be allowed without hearing. If consents are not obtained, the court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure.
(b) Objections to allowance of the will must be filed in writing not less than seven days prior to the hearing. In the event that no timely objections are filed, the court may:
(1) allow the will on the testimony of only one of the subscribing witnesses if the witness testifies that the will was executed as provided in chapter 1 of this title; or
(2) allow the will without hearing if it meets criteria set out in section 108 of this title.
(c) After delivery of the will to the court, the person named as executor in the will shall have power pending allowance thereof, to assume custody of the estate for its preservation until a special or other administrator is appointed and qualifies. (Amended 1975, No. 240 (Adj. Sess.), § 1; 1985, No. 144 (Adj. Sess.), § 17; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 2; 2019, No. 36, § 2; 2019, No. 167 (Adj. Sess.), § 15, eff. October 7, 2020.)