Section 633A.1108 - Governing law.

IA Code § 633A.1108 (2019) (N/A)

Copy with citation

Copy as parenthetical citation

633A.1108 Governing law.

1. A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed, or the law of the jurisdiction in which at the time the trust was created the settlor was domiciled, had a place of abode, or was a national.

2. The meaning and effect of the terms of the trust not created by will shall be determined by any of the following:

a. Except as provided in paragraph “c”, the law of the jurisdiction designated in the terms of the trust, on the condition that at the time the trust was created the designated jurisdiction had a substantial relationship to the trust. A jurisdiction has a substantial relationship to the trust if it is the residence or domicile of the settlor or of any qualified beneficiary, the location of a substantial portion of the assets of the trust, or a place where the trustee was domiciled or had a place of business.

b. Except as provided in paragraph “c”, in the absence of a controlling designation in the terms of the trust, the law of the jurisdiction that has the most significant relationship to the matter at issue.

c. As to real property, the law of the jurisdiction where the real property is located.

2003 Acts, ch 95, §8

CS2003, §633.1108

2005 Acts, ch 38, §54

CS2005, §633A.1108

Previous Section

Section 633A.1107 - Scope of trust code.

Next Section

Section 633A.1109 - Methods of notice and document delivery — waiver.