Missouri Revised Statutes













Chapter 456

Trusts and Trustees--The Uniform Trust Code

←456.06-602

Section 456.6-603.1

456.06-604→

August 28, 2015

Settlor's powers--powers of withdrawal.

456.6-603. 1. While a trust is revocable and the settlor has capacity

to revoke the trust, rights of the beneficiaries are subject to the control

of, and the duties of the trustee are owed exclusively to, the settlor.



2. A settlor is presumed to have capacity for the purposes of subsection

1 of this section until either the settlor is adjudicated totally

incapacitated or disabled or the trustee has received an affidavit of

incapacity.



3. If a revocable trust has more than one settlor, the duties of the

trustee are owed to all of the settlors having capacity to revoke the trust.



4. During the period the power may be exercised, the holder of a power of

withdrawal has the rights of a settlor of a revocable trust under this

section to the extent of the property subject to the power.



5. In this section, an "affidavit of incapacity" means a written

certificate furnished by at least one licensed medical doctor that states

that the settlor lacks capacity to revoke the trust.



(L. 2004 H.B. 1511)



Effective 1-01-05







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