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There is also expanded material on the Uniform Trust Code, plus discussion of new topics such as posthumously conceived children and same-sex marriage.
STATE LAW: PROTECTING YOU R ASSETS AFTER YOU ARE GONE Under the New Hampshire Uniform Trust Code ("UTC"), there are now unprecedented cutting edge planning and asset protection opportunities, such as dynastic, "perpetual" trusts, self-settled asset protection trusts and an "open architecture" directed trust structure allowing for administrative and management flexibility and control both during and after lifetime.
In this regard, the Uniform Trust Code provides that a trustee "may transfer the trust's principal place of administration to another state or to a jurisdiction outside of the United States.
What that label emphasizes, as the official comment to the Uniform Trust Code of 2000 explains, is that "transactions involving trust property entered into by a trustee for the trustee's own personal account [are] voidable without further proof.
The section also is partnering with the Business Law and Real Property, Probate and Trust Law sections in commissioning a rewrite of the Florida Revised Uniform Limited Partnership Act, and with the Real Property, Probate and Trust Law Section and the Elder Law Section in studying the Uniform Trust Code for potential adoption in Florida.
Although the Uniform Trust Code has to date been enacted only in six states, it is currently under study for enactment in more than twenty-five other states.
It includes the Code's Official Text and Comments, including amendments, revisions and updates, as well as text of the UPC itself and each of its 14 separate Acts, comments, history sections, and the recently approved Uniform Trust Code (2000), the first attempt on the national level to codify the law of trusts, in its entirety.
The text includes examples, practice tips, a glossary, sample forms, and tables of the provisions of the Uniform Probate Code, Uniform Trust Code, and Internal Revenue Code.