Bill Caption

Relating to trusts.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

Under current law, there are many provisions that regulate and authorize certain actions with regard to trusts. SB 617 would update some of the language in these provisions as well as create new procedures that mostly deal with delegation and beneficiaries. It would be clarified that forfeiture clauses should not be generally construed to prevent a beneficiary from compelling a fiduciary to carry out their duties; clarify when it is permissible not to provide required notices to the attorney general; clarify the circumstances under which a trustee may delegate powers to an agent; and clarify the timing of the legal establishment of a donee’s power.

Vote Recommendation Notes

Given the procedural nature of this bill, SB 617 neither uplifts nor offends our liberty principles, therefore we remain neutral.