2016 Kentucky Revised Statutes CHAPTER 386B - UNIFORM TRUST CODE Subchapter 1 - General Provisions and Definitions 386B.1-060 Principal place of administration.
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386B.1-060 Principal place of administration.
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(2)
(3)
(4)
(5)
(6)
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Without precluding other means for establishing a connection with the designated
jurisdiction, terms of a trust designating the principal place of administration are
valid and controlling if:
(a) A trustee's principal place of business is located in or a trustee is a resident of
the designated jurisdiction; or
(b) All or part of the administration occurs in the designated jurisdiction.
A trustee is under a continuing duty to administer the trust at a place appropriate to
its purposes, its administration, and the interests of the beneficiaries.
Without precluding the right of the court to order, approve, or disapprove a transfer,
the trustee, in furtherance of the duty prescribed by subsection (2) of this section,
may transfer the trust's principal place of administration to another state or to a
jurisdiction outside of the United States.
The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's
principal place of administration not less than sixty (60) days before initiating the
transfer. The notice of proposed transfer shall include:
(a) The name of the jurisdiction to which the principal place of administration is
to be transferred;
(b) The address and telephone number at the new location at which the trustee can
be contacted;
(c) An explanation of the reasons for the proposed transfer;
(d) The date on which the proposed transfer is anticipated to occur; and
(e) The date, not less than sixty (60) days after the giving of the notice, by which
the qualified beneficiary shall notify the trustee of an objection to the
proposed transfer.
The authority of a trustee under this section to transfer a trust's principal place of
administration ends if a qualified beneficiary notifies the trustee of an objection to
the proposed transfer on or before the date specified in the notice.
In connection with a transfer of the trust's principal place of administration, the
trustee may transfer some or all of the trust property to a successor trustee
designated in the terms of the trust or appointed under KRS 386B.7-040.
The District Court shall have exclusive jurisdiction over matters under this section.
Effective: July 15, 2014
History: Created 2014 Ky. Acts ch. 25, sec. 6, effective July 15, 2014.
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