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32 Pages
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The Uniform Trust Code and the Future of American Trust Law

 

The UTC is only one of several uniform acts that have over time converted trust law from common law to primarily statute law.

The Uniform Trust Code (UTC), which was approved by the Uniform Law Commissioners in 2000, is the first effort by the Uniform Law Commissioners to provide US states with a comprehensive model for codifying their law on trusts. A copy of the UTC, together with over 100 pages of official comments, can be accessed through the Commissioners' website, www.uniformlaws.org. This author, who was the Reporter for the UTC, has penned a lengthy article describing most of the Code’s provisions.1 This paper has a narrower focus. Much of the UTC is a codification of the prevailing common law but the UTC also made changes. This paper focuses on the changes of interest to an international audience. Discussed are provisions that pushed the US common law in one direction or another and provisions where US law has changed but not necessarily in the direction contemplated by the drafters of the UTC. Because it has been seventeen years since the UTC was approved and the world of trusts is continually changing, attention is also paid to provisions of the UTC, which while initially successful, are being superseded by subsequent events.

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The Uniform Trust Code and the Future of American Trust Law

Agenda

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The Uniform Trust Code and the Future of American Trust Law

Faculty

David English

University of Missouri

  • W.F. Fratcher Professor of Law, University of Missouri
  • Reporter, drafting committee on Uniform Trust Code
  • Uniform Law Commissioner, State of Missouri
  • Vice chair, ABA Section of Real Property, Trust and Estate Law
  • Former chair, ABA Commission on Law and Aging
  • Former chair, Probate and Trust Committee, the Missouri Bar
  • Academic Fellow, American College of Trust and Estate Counsel; Fellow, International Academy of Estate and Trust Law
  • Presents on UTC throughout the U.S. and internationally
  • Co-author, Tax, Estate and Financial Planning for the Elderly (Lexis) and Wills, Trusts and Estates (West Academic); successor author, Missouri Surrogate Laws Manual (Thompson), and Missouri Probate Law and Practice (Thompson)
  • J.D. degree, Northwestern University; B.A. degree, Duke University
  • Can be contacted at [email protected]
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The Uniform Trust Code and the Future of American Trust Law

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