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28-69-704. Exercise of authority by trustee.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-69-704. Exercise of authority by trustee.
(a) A trustee may exercise the authority granted in this subchapter without procuring any judicial authorization or approval.
(b) A trustee may exercise the authority granted in this subchapter to divide both funded and unfunded trusts, provided, however, that:
(1) An unfunded testamentary trust may be divided only after the will establishing the trust has been admitted to probate; and
(2) An unfunded nontestamentary trust may be divided only if the governing instrument establishing the trust is not revocable.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-69-704
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:28-69-704
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 65df8e3cad548c0411cd77d79f8a4d54210498d8b0211497265389983c0d1d0a
Source location: content.xml paragraph 11514
Stored source content
28-69-704. Exercise of authority by trustee.
(a) A trustee may exercise the authority granted in this subchapter without procuring any judicial authorization or approval.
(b) A trustee may exercise the authority granted in this subchapter to divide both funded and unfunded trusts, provided, however, that:
(1) An unfunded testamentary trust may be divided only after the will establishing the trust has been admitted to probate; and
(2) An unfunded nontestamentary trust may be divided only if the governing instrument establishing the trust is not revocable.
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