JD Supra

Parsing the Uniform Trust Code in Isolation Without Regard to the Uniform Probate Code and the Uniform Powers of Appointment Act is Not Advised

Intro. The Uniform Trust Code (UTC) is a mere aggregation of tweaks to the corner of equity jurisprudence that long ago gave birth to and currently stewards the trust relationship, hereinafter “the ...
JD Supra

Uniform Trust Code (UTC) and Uniform Voidable Transactions Act (UVTA) could be better coordinated in the Domestic Asset Protection Trust (DAPT) space

In a Sept. 11, 2023 JDSUPRA posting I questioned the doctrinal and practical utility of partial legislative codifications of equity’s principles-based jurisprudence, such as the UTC, the very ...
WealthManagement.com

Tips From the Pros: Representation of Others Under the UTC

The representation provisions of the Uniform Trust Code (UTC), 1 contained in Article 3, are among its most consequential and its most complicated in application. They comprise a harmonious statutory ...
WealthManagement.com

In Defense of Quiet Trusts

Donald D. Kozusko, partner, Kozusko Lahey Harris LLP, Washington, D.C. Despite its scope, the Uniform Trust Code (UTC) has provoked surprisingly little debate since it was first proposed by the ...
Law

Substituted Judgment: The Case for an Expansive Definition of 'Successor Trustee'

When New Jersey adopted the Uniform Trust Code, in large part in 2016, it seemed to make successor trustee appointments and the filling of vacancies in the role of trustee more efficient, supporting ...