LD 921
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LR 466
Item 1

 
N.__The subject matter jurisdiction of the court and venue for
commencing a proceeding as provided in sections 203 and 204.

 
§106. Common law of trusts; principles of equity

 
The common law of trusts and principles of equity supplement
this Code, except to the extent modified by this Code or another
statute of this State.

 
§107. Governing law

 
The meaning and effect of the terms of a trust are determined
by:

 
1.__Law of jurisdiction designated; exception.__The law of the
jurisdiction designated in the terms unless the designation of
that jurisdiction's law is contrary to a strong public policy of
the jurisdiction having the most significant relationship to the
matter at issue; or

 
2.__Law of jurisdiction with most significant relationship.__
In the absence of a controlling designation in the terms of the
trust, the law of the jurisdiction having the most significant
relationship to the matter at issue.

 
§108.__Principal place of administration

 
1.__Terms of trust controlling.__Without precluding other
means for establishing a sufficient connection with the
designated jurisdiction, terms of a trust designating the
principal place of administration are valid and controlling if:

 
A.__A trustee's principal place of business is located in or
a trustee is a resident of the designated jurisdiction; or

 
B.__All or part of the administration occurs in the
designated jurisdiction.

 
2.__Duty of trustee.__A trustee is under a continuing duty to
administer the trust at a place appropriate to its purposes, its
administration and the interests of the beneficiaries.

 
3.__Transfer of place of administration.__Without precluding
the right of the court to order, approve or disapprove a
transfer, the trustee, in furtherance of the duty prescribed by
subsection 2, may transfer the trust's principal place of
administration to another state or to a jurisdiction outside of
the United States.


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