In a Sept. 11, 2023 JDSUPRA posting I questioned the doctrinal and practical utility of partial legislative codifications of equity’s principles-based jurisprudence, such as the UTC, the very institution of the trust being a creature not of the legislature but of the judiciary. See https://www.jdsupra.com/legalnews/to-parse-or-not-to-parse-the-uniform-tru-28235/. Nor is it particularly helpful that trust-law partial codifications in general tend to have limited shelf lives. See my Sept. 24, 2023 JDSUPRA posting https://www.jdsupra.com/legalnews/the-limited-shelflives-of-such-trust-la-46283/. In Chapter 1 of Loring and Rounds: A Trustee’s Handbook (2024) we explain how trust-law partial codifications have perversely become instruments of doctrinal disuniformity. For the relevant portions of the chapter, see appendix below. In this posting, I consider the confusion being engendered by the absence of adequate textual coordination between the UTC and another codification, namely the UVTA. Specifically, UTC § 403 and UVTA §§ 4 & 10 are in apparent conflict.
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