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CHAPTER 55-1

CLASSIFICATION AND CREATION OF TRUSTS

55-1-1      Purposes for which trust may be created.
55-1-2      Trusts classified.
55-1-3      Express trust defined.
55-1-4      Creation of express trust--Words or acts of trustor .
55-1-5      Express trust created as to trustee--Words and acts of trustee.
55-1-5.1      Express trust need not be for exclusive benefit of beneficiaries .
55-1-6      Implied trust--Definition--Creation.
55-1-6.1      Implied trust may not prejudice rights of real property purchaser or encumbrancer.
55-1-7      Wrongful detention creates implied trust.
55-1-8      Implied trust resulting from fraud, accident or wrongful act.
55-1-9      Implied trust created by transfer of property in violation of trust.
55-1-10      Transfer of real property to one for money paid by another--Trust presumed.
55-1-11      Implied trust--Declaration by court of equity.
55-1-12      Trustor, trustee, beneficiary, power of appointment, and person defined.
55-1-13      Voluntary trustee--Assumption of relationship.
55-1-14      Interest in existing trust--Transfer by operation of law or written instrument.
55-1-15      Certain trusts not terminated upon trustor's death.
55-1-16 to 55-1-19. Repealed.
55-1-20      Trusts for noncharitable purposes.
55-1-21      Trust for care of designated animal.
55-1-22      Provisions governing trusts for specific purposes selected by trustee and for care of animals.
55-1-23      Repealed.
55-1-24      Definitions applicable to §§ 55-1-24 to 55-1-45.
55-1-24.1      Improper motive.
55-1-24.2      Withdrawal power.
55-1-25      Distinction between discretionary trust and support trust--Creditor rights--Judicial review.
55-1-26      Judicial foreclosure of beneficial interests, powers of appointment, and reserved powers prohibited--Creditors may not reach powers of appointment or remainder interests.
55-1-27      Certain remainder interests not property interests.
55-1-28      Interest of beneficiary or others not reachable by creditors.
55-1-29      Trust property not subject to personal obligations of trustee.
55-1-30      Distribution and remainder interests not relevant to division of marital property.
55-1-31      Resources of settlor's spouse to be considered in making distribution from support trust--Other beneficiary's resources need not be considered.
55-1-32      Factors which are not dominion and control over trust.
55-1-33      Factors which are insufficient evidence that settlor controls or is alter ego of trustee.
55-1-34      Provision that beneficial interest in trust income or principal may not be transferred before payment to beneficiary permissible.
55-1-35      Trust declaration that beneficiary's interest subject to spendthrift trust--Payment of beneficiary expenses.
55-1-36      Satisfaction of claims of settlor's creditors from trust estate if settlor is beneficiary.
55-1-36.1      Effect on creditor claims of trustee discretionary powers to pay taxes or make reimbursements for taxes.
55-1-37      Application of spendthrift provision.


55-1-38      Classification of distribution interest.
55-1-38.1      Classification of interest as support interest.
55-1-39      Bifurcation of trust.
55-1-40      Language resulting in classification of distribution interest.
55-1-41      Effect of spendthrift provision.
55-1-42      Mandatory or support interests.
55-1-43      Discretionary interests.
55-1-44      Action for fraudulent transfer of settlor's assets.
55-1-45      Limitation of action for fraudulent transfer of settlor's assets.
55-1-46      No contest clause defined--Enforceability.
55-1-47      Extrinsic evidence not admissible to establish settlor's intent concerning no contest clause.
55-1-48      Circumstances under which no contest clause unenforceable.
55-1-49      Contest regarding settlor's signature.
55-1-50      Attorneys fees and costs.
55-1-51      Applicability of §§ 55-1-46 to 55-1-50.
55-1-52      Interest on general pecuniary devises.
55-1-53      Expansion, restriction, elimination, or variance of provisions of general application.
55-1-54      Arbitration .
55-1-55      Trust enforceable although not funded or without res, corpus, or assets.
55-1-56      Registration of trust in court at principal place of administration.
55-1-57      Contents of registration statement.
55-1-58      Confidentiality of registration.
55-1-59      Trust registration form.


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