55-1 CLASSIFICATION AND CREATION OF TRUSTS
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.
55-1-6
Implied trust--Definition--Creation.
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
Definition of terms--Trustor--Trustee--Beneficiary.
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 Repealed.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Repealed.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.
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
Removal or replacement power over trustee not exercisable by beneficiary's
creditors--Interests of trustee beneficiary not reachable.
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.
55-1-37
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.
Title 55