Situs selection and change of situs for trusts i what is situs location place where a thing is considered with reference to jurisdiction or power to tax there was no showing that change in situs would facilitate administration of trust 2 change of situs in the matter of henry weinberger as trustee of a trust. Trust situs how why and when to transfer the situs of a trust this article explores some of the tax and nontax advantages of moving a trust including 1 the logistics of transferring the situs of a trust and 2 drafting suggestions that will provide flexibility for future situs changes. if you change situs of a trust generally the laws concerning the validity and construction of a trust would not change but the law governing administration would change to the new situs see utc 107. The trust instrument should be drafted to include a mechanism for changing trust situs and governing law if it does that change will be effective if not court petitions may be required in both states. Nonjudicial transfer of trust situs chart1 death to amend or change the terms of the trust including terms governing administration of the trust upon the unanimous agreement of the trustee and all qualified beneficiaries does not apply to i any trust created prior
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