456.1-112. Rules of construction--inapplicable to certain trusts. - Missouri Statutes

Rules of construction--inapplicable to certain trusts.

456.1-112. 1. If a settlor's marriage is dissolved or annulled, anybeneficial terms of a trust in favor of the settlor's former spouse or anyfiduciary appointment of the settlor's former spouse is revoked on the datethe marriage is dissolved or annulled, whether or not the terms of thetrust refer to marital status. The terms of the trust shall be giveneffect as if the former spouse had died immediately before the date thedissolution or annulment became final. This subsection shall also apply toany beneficial interest or fiduciary appointment in favor of a relative ofthe settlor's former spouse as if such relative were the former spouse.

2. Subsection 1 of this section does not apply to the terms of atrust that provide any beneficial interest or fiduciary appointment for aformer spouse or a relative of a former spouse that was created after themarriage was dissolved or annulled, or that expressly states that marriagedissolution or annulment shall not affect the designation of a formerspouse or relative of a former spouse as a beneficiary or a fiduciary ofthe trust.

3. A court may order or the settlor and the spouse may agree before,during, or after the marriage in a binding contract or settlement agreementthat subsection 1 of this section does not apply to a beneficial interestor fiduciary appointment.

4. Any terms of a trust revoked solely by this section are revived bythe settlor's remarriage to the former spouse or by a nullification of themarriage dissolution or annulment.

5. In this section, "a relative of the settlor's former spouse" meansan individual who is related to the settlor's former spouse by blood,adoption or affinity and who, after the divorce or annulment, is notrelated to the settlor by blood, adoption or affinity.

6. The provisions of this section shall not apply to any trust forwhich a gift tax marital deduction has been claimed or allowed underSection 2523 of the Internal Revenue Code. The provisions of this sectionshall not apply in a manner that would result in either:

(a) a transfer to a trust being treated as an incomplete gift forfederal gift tax purposes; or

(b) inclusion of assets of a trust in the gross estate of a settlorfor federal estate tax purposes.

(L. 2004 H.B. 1511, A.L. 2006 S.B. 892)