Iowa 2023-2024 Regular Session

Iowa House Bill HF2517

Introduced
2/14/24  
Engrossed
3/7/24  
Introduced
2/14/24  
Refer
3/11/24  
Engrossed
3/7/24  
Enrolled
4/19/24  
Refer
3/11/24  
Enrolled
4/19/24  

Caption

A bill for an act relating to trusts, including irrevocable trusts, trust petitions, and trust proceedings. (Formerly HF 2344.) Effective date: 07/01/2024.

Impact

The passage of HF2517 represents a significant update to Iowa's trust laws and is intended to improve the functioning of trusts by making legal adjustments that facilitate easier court interventions in trust matters. One of the notable changes includes the provision that a court may modify or terminate a trust under certain conditions, which could potentially benefit beneficiaries if they agree to such changes. By clarifying the legal landscape, this bill seeks to ensure that trusts can be more easily administered and can adapt to changing circumstances.

Summary

House File 2517, an act relating to trusts, specifically addresses the management and legal aspects surrounding irrevocable trusts, trust petitions, and trust proceedings. This legislation introduces amendments to the code that clarify the enforceability of spendthrift provisions, which prevent beneficiaries from accessing trust assets directly. It aims to streamline the process for trustees and beneficiaries when dealing with trust modifications and the internal affairs of trusts, thereby enhancing legal clarity for all parties involved.

Sentiment

The sentiment around HF2517 appears to be largely positive among legislators, as evidenced by the unanimous vote of 46 to 0 in favor of the bill. Supporters argue that this bill will create a more efficient and predictable legal environment for trust administration, benefiting both trustees and beneficiaries alike. However, there may be underlying concerns regarding the potential for conflicts if beneficiaries disagree on modifications or interpretations of the trust's terms.

Contention

While no significant points of contention were noted during the voting process, the potential for disputes over trust modifications introduces an element of scrutiny. Critics of similar legislation may raise issues about the balance of power between trustees and beneficiaries, particularly regarding who holds authority to alter trust terms and under what conditions. Gestures toward more flexible trust management must be carefully weighed against safeguarding the original intents of settlers.

Companion Bills

IA HF2344

Similar To A bill for an act relating to trusts, including irrevocable trusts, trust petitions, and trust proceedings.(See HF 2517.)

Previously Filed As

IA HF2344

A bill for an act relating to trusts, including irrevocable trusts, trust petitions, and trust proceedings.(See HF 2517.)

IA HF232

A bill for an act relating to probate proceedings, including fiduciary and trustee duties, and including applicability provisions. (Formerly HSB 106.) Effective date: 07/01/2023. Applicability date: 07/01/2023.

IA HB1850

Trust; creating the Uniform Trust Code; definitions; creditor claims; revocable trusts; trustees; duties and powers of trustee; trustee liability; severability; effective date.

IA HSB106

A bill for an act relating to probate proceedings, including fiduciary and trustee duties, and including applicability provisions.(See HF 232.)

IA SF468

A bill for an act relating to probate proceedings, including fiduciary and trustee duties, and including applicability provisions.(Formerly SSB 1067.)

IA SSB1067

A bill for an act relating to probate proceedings, including fiduciary and trustee duties, and including applicability provisions.(See SF 468.)

IA SB1231

In trusts, further providing for definitions - UTC 103, for trust instrument controls and mandatory rules - UTC 105, for governing law - UTC 107, for situs of trust, for nonjudicial settlement agreements - UTC 111, for charitable purposes; enforcement - UTC 405, for trust for care of animal - UTC 408, for noncharitable trust without ascertainable beneficiary - UTC 409, for reformation to correct mistakes - UTC 415, for modification to achieve settlor's tax objectives - UTC 416, for spendthrift provision - UTC 502, for creditor's claim against settlor - UTC 505(a), for overdue distribution - UTC 506, for revocation or amendment of revocable trust - UTC 602, for trustee's duties and powers of withdrawal - UTC 603, for accepting or declining trusteeship - UTC 701, for trustee's bond - UTC 702, for cotrustees - UTC 703, for vacancy in trusteeship and appointment of successor - UTC 704, for resignation of trustee and filing resignation, for compensation of trustee - UTC 708, for duty to administer trust - UTC 801, for duty of loyalty - UTC 802, for powers to direct - UTC 808, for duty to inform and report, for discretionary powers and for powers of trustees - UTC 815, providing for directed trusts, further providing for remedies for breach of trust--UTC 1001, providing for nonjudicial account settlement and further providing for reliance on trust instrument - UTC 1006, for exculpation of trustee - UTC 1008, for certification of trust - UTC 1013 and for title of purchaser.

IA HB1205

Uniform trust decanting act and trustee duties.

IA HB3692

Public trusts; trustees; authorizing compensation and expense reimbursement for certain trustees; effective date.

IA HB771

AN ACT relating to trusts.

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