1.1 A bill for an act
1.2 relating to trusts; modifying various provisions of the Uniform Trust Code, Powers
1.3 of Appointment, and the Uniform Probate Code; making technical, clarifying, and
1.4 conforming changes; amending Minnesota Statutes 2024, sections 501A.01;
1.5 501C.0301; 501C.0302; 501C.0407; 501C.0411; 501C.0414; 501C.0602;
1.6 501C.0605; 501C.0701; 501C.0808, subdivisions 1, 2, 3, 4, 5, 6, 8, by adding a
1.7 subdivision; 501C.1013, subdivision 4; 501C.1014, by adding a subdivision;
1.8 501C.1105, subdivision 1, by adding a subdivision; 502.851, subdivisions 1, 2, 3,
1.9 4, 11, 15, 16; 524.2-114; 524.2-804, subdivision 1.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2024, section 501A.01, is amended to read:
1.12 501A.01 WHEN NONVESTED INTEREST, POWERS OF APPOINTMENT ARE
1.13INVALID; EXCEPTIONS.
1.14 (a) A nonvested property interest is invalid unless:
1.15 (1) when the interest is created, it is certain to vest or terminate no later than 21 years
1.16after the death of an individual then alive; or
1.17 (2) the interest either vests or terminates within 90 years after its creation.
1.18 (b) A general power of appointment not presently exercisable because of a condition
1.19precedent is invalid unless:
1.20 (1) when the power is created, the condition precedent is certain to be satisfied or become
1.21impossible to satisfy no later than 21 years after the death of an individual then alive; or
1.22 (2) the condition precedent either is satisfied or becomes impossible to satisfy within
1.2390 years after its creation.
1Section 1.
REVISOR JSK/EN 25-0229601/15/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 360
NINETY-FOURTH SESSION
Authored by Scott and Moller02/13/2025
The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law 2.1 (c) A nongeneral power of appointment or a general testamentary power of appointment
2.2is invalid unless:
2.3 (1) when the power is created, it is certain to be irrevocably exercised or otherwise to
2.4terminate no later than 21 years after the death of an individual then alive; or
2.5 (2) the power is irrevocably exercised or otherwise terminates within 90 years after its
2.6creation.
2.7 (d) In determining whether a nonvested property interest or a power of appointment is
2.8valid under paragraph (a), clause (1), paragraph (b), clause (1), or paragraph (c), clause (1),
2.9the possibility that a child will be born to an individual after the individual's death is
2.10disregarded.
2.11 (e) If, in measuring a period from the creation of a trust or other property arrangement,
2.12language in a governing instrument seeks to:
2.13 (1) disallow the vesting or termination of any interest trust beyond;
2.14 (2) postpone the vesting or termination of any interest or trust until; or
2.15 (3) operate in effect in any similar fashion upon,
2.16the later of the expiration of a period of time not exceeding 21 years after the death of the
2.17survivor of specified lives in being at the creation of the trust or other property arrangement,
2.18or the expiration of a period of time that exceeds or might exceed 21 years after the death
2.19of the survivor of lives in being at the creation of the trust or other property arrangement;
2.20that language is inoperative to the extent it produces a period of time that exceeds 21 years
2.21after the death of the survivor of the specified lives.
2.22 (f) For any trust created after the effective date of this section, this section shall apply
2.23to a nonvested property interest or power of appointment contained in a trust by substituting
2.24the term "500 years" for "90 years" in each place it appears in this section, unless the terms
2.25of the trust require that all beneficial interests in the trust vest or terminate within a lesser
2.26period.
2.27 Sec. 2. Minnesota Statutes 2024, section 501C.0301, is amended to read:
2.28 501C.0301 REPRESENTATION: BASIC EFFECT.
2.29 (a) Notice to a person who may represent and bind another person under sections
2.30501C.0302 to 501C.0305 has the same effect as if notice were given directly to the other
2.31person.
2Sec. 2.
REVISOR JSK/EN 25-0229601/15/25 3.1 (b) The consent, agreement, or waiver of a person who may represent and bind another
3.2person under sections 501C.0302 to 501C.0305 is binding on the person represented unless
3.3the person represented objects to the representation before the consent, agreement, or waiver
3.4would otherwise have been effective. The provisions of this paragraph shall not apply to
3.5representation under section 501C.0302.
3.6 (c) Except as otherwise provided in sections 501C.0411 and 501C.0602, a person who
3.7under sections 501C.0302 to 501C.0305 may represent a settlor who lacks capacity may
3.8receive notice and give a binding consent on the settlor's behalf.
3.9 (d) A settlor may not represent and bind a beneficiary under sections 501C.0302 to
3.10501C.0305 with respect to the termination or modification of a trust under section 501C.0411,
3.11paragraph (a).
3.12 (e) The settlor or another person, including one or more beneficiaries of the trust,
3.13designated by the terms of the trust instrument to receive information from the trustee
3.14concerning the administration of the trust and the material facts necessary to protect the
3.15beneficiaries' interests in the manner described in section 501C.0813, paragraph (b), shall
3.16be a representative of the beneficiaries with respect to the limitations period on judicial
3.17proceedings against a trustee under section 501C.1005, paragraph (a).
3.18 Sec. 3. Minnesota Statutes 2024, section 501C.0302, is amended to read:
3.19 501C.0302 REPRESENTATION BY HOLDER OF A GENERAL POWER OF
3.20APPOINTMENT.
3.21 For purposes of giving notice, waiving notice, initiating a proceeding, granting consent
3.22or approval, or objecting with regard to any proceedings under this chapter, the sole holder
3.23or all co-holders of a presently exercisable or testamentary general power of appointment,
3.24whether general or special, power of revocation, or unlimited power of withdrawal are
3.25deemed to represent and act for beneficiaries to the extent that their interests as permissible
3.26appointees, takers in default, or otherwise are subject to the power.
3.27 Sec. 4. Minnesota Statutes 2024, section 501C.0407, is amended to read:
3.28 501C.0407 EVIDENCE OF ORAL TRUST.
3.29 The formal expression of intent to create a trust can be either written or oral subject to
3.30the requirements of sections 513.04 with respect to the conveyance of interest in land except
3.31up to a one-year lease and 524.2-502 with respect to a testamentary trust. The creation of
3.32an oral trust and its terms must be established by clear and convincing evidence.
3Sec. 4.
REVISOR JSK/EN 25-0229601/15/25 4.1 Sec. 5. Minnesota Statutes 2024, section 501C.0411, is amended to read:
4.2 501C.0411 MODIFICATION OR TERMINATION OF NONCHARITABLE
4.3IRREVOCABLE TRUST BY CONSENT.
4.4 (a) A noncharitable irrevocable trust may be modified or terminated upon consent of
4.5the settlor and all beneficiaries, even if the modification or termination is inconsistent with
4.6a material purpose of the trust. A settlor's power to consent to a trust's modification or
4.7termination may be exercised by an agent under a power of attorney only to the extent
4.8expressly authorized by the power of attorney or the terms of the trust, or if the trust
4.9instrument is silent with respect to consent to the trust's modification by an agent, then by
4.10a power of attorney, other than a statutory short form power of attorney executed in
4.11accordance with section 523.23, that expressly authorizes the agent to consent to a trust's
4.12modification; by the settlor's conservator with the approval of the court supervising the
4.13conservatorship if an agent is not so authorized; or by the settlor's guardian with the approval
4.14of the court supervising the guardianship if an agent is not so authorized and a conservator
4.15has not been appointed.
4.16 (b) A noncharitable irrevocable trust may be terminated upon consent of all of the
4.17beneficiaries if the court concludes that continuance of the trust is not necessary to achieve
4.18any material purpose of the trust. A noncharitable irrevocable trust may be modified upon
4.19consent of all of the beneficiaries if the court concludes that modification is not inconsistent
4.20with a material purpose of the trust.
4.21 (c) The court is not precluded from modifying or terminating a trust because the trust
4.22instrument contains spendthrift provisions.
4.23 (d) Upon termination of a trust under paragraph (a) or (b), the trustee shall distribute the
4.24trust property as agreed by the beneficiaries.
4.25 (e) If not all of the beneficiaries consent to a proposed modification or termination of
4.26the trust under paragraph (a) or (b), the modification or termination may be approved by
4.27the court if the court is satisfied that:
4.28 (1) if all of the beneficiaries had consented, the trust could have been modified or
4.29terminated under this section; and
4.30 (2) the interests of a beneficiary who does not consent will be adequately protected.
4Sec. 5.
REVISOR JSK/EN 25-0229601/15/25 5.1 Sec. 6. Minnesota Statutes 2024, section 501C.0414, is amended to read:
5.2 501C.0414 MODIFICATION OR TERMINATION OF UNECONOMIC TRUST.
5.3 (a) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust
5.4property having a total value less than $50,000 $150,000 may terminate the trust if the
5.5trustee concludes that the value of the trust property is insufficient to justify the cost of
5.6administration.
5.7 (b) The court may modify or terminate a trust or remove the trustee and appoint a different
5.8trustee if it determines that the value of the trust property is insufficient to justify the cost
5.9of administration.
5.10 (c) Upon termination of a trust under this section, the trustee shall distribute the trust
5.11property in a manner consistent with the purposes of the trust.
5.12 (d) This section does not apply to an easement for conservation or preservation.
5.13 Sec. 7. Minnesota Statutes 2024, section 501C.0602, is amended to read:
5.14 501C.0602 REVOCATION OR AMENDMENT OF REVOCABLE TRUST.
5.15 (a) Unless the terms of a trust expressly provide that the trust is revocable, the settlor
5.16may not revoke or amend the trust.
5.17 (b) If a revocable trust is created or funded by more than one settlor:
5.18 (1) to the extent the trust consists of community property, the trust may be revoked by
5.19either spouse acting alone but may be amended only by joint action of both spouses;
5.20 (2) to the extent the trust consists of property other than community property, each settlor
5.21may revoke or amend the trust with regard to the portion of the trust property attributable
5.22to that settlor's contribution; and
5.23 (3) upon the revocation or amendment of the trust by fewer than all of the settlors, the
5.24trustee shall promptly notify the other settlors of the revocation or amendment.
5.25 (c) The settlor may revoke or amend a revocable trust:
5.26 (1) by substantial compliance with a method provided in the terms of the trust; or
5.27 (2) if the terms of the trust do not provide a method or the method provided in the terms
5.28is not expressly made exclusive, by:
5.29 (i) if the trust is created pursuant to a writing, by another writing manifesting clear and
5.30convincing evidence of the settlor's intent to revoke or amend the trust; or
5Sec. 7.
REVISOR JSK/EN 25-0229601/15/25 6.1 (ii) if the trust is an oral trust, by any other method manifesting clear and convincing
6.2evidence of the settlor's intent.
6.3 (d) Upon revocation of a revocable trust, the trustee shall deliver the trust property as
6.4the settlor directs.
6.5 (e) A settlor's powers with respect to revocation, amendment, or distribution of trust
6.6property may be exercised by an agent under a power of attorney only to the extent expressly
6.7authorized by the terms of the trust, or the power if the trust instrument is silent with respect
6.8to revocation, amendment, or distribution of trust property by an agent, then by a power of
6.9attorney, other than a statutory short form power of attorney executed in accordance with
6.10section 523.23, that expressly authorizes the agent to exercise the settlor's powers with
6.11respect to revocation, amendment, or distribution of property.
6.12 (f) A conservator of the settlor may exercise a settlor's powers with respect to revocation,
6.13amendment, or distribution of trust property only with the approval of the court supervising
6.14the conservatorship.
6.15 (g) A trustee who does not know that a trust has been revoked or amended is not liable
6.16to the settlor or settlor's successors in interest for distributions made and other actions taken
6.17on the assumption that the trust had not been amended or revoked.
6.18 Sec. 8. Minnesota Statutes 2024, section 501C.0605, is amended to read:
6.19 501C.0605 LIMITATION ON ACTION CONTESTING VALIDITY OF
6.20REVOCABLE TRUST; DISTRIBUTION OF TRUST PROPERTY.
6.21 (a) A person may commence a judicial proceeding to contest the validity of a trust that
6.22was revocable immediately prior to the settlor's death within the earlier of:
6.23 (1) three years after the settlor's death; or
6.24 (2) 120 days after the trustee sent the person a copy of the trust instrument and a notice
6.25informing the person of the settlor's death, of the trust's existence, of the trustee's name and
6.26address, and of the time allowed for commencing a proceeding.
6.27 (b) Upon the death of the settlor of a trust that was revocable at the settlor's death, the
6.28trustee may proceed to distribute the trust property in accordance with the terms of the trust.
6.29The trustee is not subject to liability for doing so unless:
6.30 (1) the trustee knows of a pending judicial proceeding contesting the validity of the trust;
6.31or
6Sec. 8.
REVISOR JSK/EN 25-0229601/15/25 7.1 (2) a potential contestant has notified the trustee of a possible judicial proceeding to
7.2contest the trust and a judicial proceeding is commenced within 60 days after the contestant
7.3sent the notification.
7.4 (c) A beneficiary of a trust that is determined to have been invalid, in whole or in part,
7.5is liable to return any distribution received, to the extent the invalidity applies to the
7.6distribution.
7.7 Sec. 9. Minnesota Statutes 2024, section 501C.0701, is amended to read:
7.8 501C.0701 ACCEPTING OR DECLINING TRUSTEESHIP.
7.9 (a) Except as otherwise provided in paragraph (c), a person designated as trustee accepts
7.10the trusteeship:
7.11 (1) by substantially complying with a method of acceptance provided in the terms of
7.12the trust; or
7.13 (2) if the terms of the trust do not provide a method, or the method provided in the terms
7.14is not expressly made exclusive, by accepting delivery of the trust property, exercising
7.15powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship.
7.16 (b) A person designated as trustee who has not yet accepted the trusteeship may reject
7.17the trusteeship. A designated trustee who does not accept the trusteeship within a reasonable
7.18time after knowing of the designation, but not more than 120 days, is deemed to have rejected
7.19the trusteeship.
7.20 (c) A person designated as trustee, without accepting the trusteeship, may:
7.21 (1) act to preserve the trust property if, within a reasonable time after acting, the person
7.22sends a rejection of the trusteeship to the settlor or, if the settlor is dead or lacks capacity,
7.23to a qualified beneficiary; and
7.24 (2) inspect or investigate trust property to determine potential liability or for any other
7.25purpose.
7.26 Sec. 10. Minnesota Statutes 2024, section 501C.0808, subdivision 1, is amended to read:
7.27 Subdivision 1.Definitions.(a) The definitions in this section apply to this section.
7.28 (b) "Directing party" means any one or more persons acting as investment trust advisor,
7.29distribution trust advisor, or trust protector as provided in this section.
7Sec. 10.
REVISOR JSK/EN 25-0229601/15/25 8.1 (c) "Distribution trust advisor" means one or more persons given authority by the
8.2governing instrument to direct, consent to, veto, or otherwise exercise all or any portion of
8.3the distribution powers and discretions of the trust, including but not limited to authority to
8.4make discretionary distributions of income or principal exercise the powers specified in
8.5subdivision 3.
8.6 (d) "Excluded fiduciary" means any fiduciary one or more fiduciaries that by the
8.7governing instrument is are directed to act in accordance with the exercise of specified
8.8powers by a directing party, in which case such specified powers shall be deemed granted
8.9not to the fiduciary but to the directing party and such fiduciary shall be deemed excluded
8.10from exercising such specified powers. If a governing instrument provides that a fiduciary
8.11as to one or more specified matters is to act, omit action, or make decisions only with the
8.12consent of a directing party, then such fiduciary is an excluded fiduciary with respect to
8.13such matters. A person may be an excluded fiduciary even if such person participated in
8.14the exercise of (1) a power described in section 501C.0111 relating to nonjudicial settlement
8.15agreements, (2) a power described in section 502.851 relating to decanting, (3) a permitted
8.16trustee amendment, or (4) a similar power that invokes the provisions of this section with
8.17respect to any new or existing trust.
8.18 (e) "Fiduciary" means any person one or more persons expressly given one or more
8.19fiduciary duties by the governing instrument or by this section, including but not limited to
8.20a trustee.
8.21 (f) "Governing instrument" means the instrument stating the terms of a trust, including
8.22but not limited to any court order, or nonjudicial settlement agreement establishing,
8.23construing, or modifying the terms of the trust in accordance with section 501C.0111 or
8.24502.851, or other applicable law.
8.25 (g) "Investment trust advisor" means any one or more persons given authority by the
8.26governing instrument to direct, consent to, or veto the exercise of all or any portion of the
8.27investment powers of the trust exercise the powers specified in subdivision 2.
8.28 (h) "Power" means authority to take or withhold an action or decision, including but not
8.29limited to an expressly specified power, the implied power necessary to exercise a specified
8.30power, and authority inherent in a general grant of discretion.
8.31 (i) "Trust protector" means one or more persons given one or more of the powers specified
8.32in subdivision 4, whether or not designated with the title of trust protector by the governing
8.33instrument.
8Sec. 10.
REVISOR JSK/EN 25-0229601/15/25 9.1 Sec. 11. Minnesota Statutes 2024, section 501C.0808, subdivision 2, is amended to read:
9.2 Subd. 2.Powers of investment trust advisor.An investment trust advisor may be
9.3designated in the governing instrument of a trust. The powers of an investment trust advisor
9.4may be exercised or not exercised in the sole and absolute discretion of the investment trust
9.5advisor, and are binding on all other persons, including but not limited to each beneficiary,
9.6fiduciary, excluded fiduciary, and any other party having an interest in the trust. The
9.7governing instrument may use the title "investment trust advisor" or any similar name or
9.8description demonstrating the intent to provide for the office and function of an investment
9.9trust advisor. The governing instrument may provide that the investment trust advisor has
9.10the authority to direct, consent to, or veto the exercise of all or any portion of the investment
9.11powers of the trustee. Unless the terms of the governing instrument provide otherwise, the
9.12investment trust advisor has the authority to:
9.13 (1) direct the trustee with respect to the retention, purchase, transfer, assignment, sale,
9.14or encumbrance of trust property and the investment and reinvestment of principal and
9.15income of the trust;
9.16 (2) direct the trustee with respect to all management, control, and voting powers related
9.17directly or indirectly to trust assets, including but not limited to voting proxies for securities
9.18held in trust;
9.19 (3) select and determine reasonable compensation of any one or more advisors, managers,
9.20consultants, or counselors, including which may be the trustee, and to delegate to them any
9.21of the powers of the investment trust advisor in accordance with section 501C.0807 and
9.22determine their reasonable compensation for investment services; and
9.23 (4) determine the frequency and methodology for valuing any asset for which there is
9.24no readily available market value.
9.25 Sec. 12. Minnesota Statutes 2024, section 501C.0808, subdivision 3, is amended to read:
9.26 Subd. 3.Powers of distribution trust advisor.A distribution trust advisor may be
9.27designated in the governing instrument of a trust. The powers of a distribution trust advisor
9.28may be exercised or not exercised in the sole and absolute discretion of the distribution trust
9.29advisor, and are binding on all other persons, including but not limited to each beneficiary,
9.30fiduciary, excluded fiduciary, and any other party having an interest in the trust. The
9.31governing instrument may use the title "distribution trust advisor" or any similar name or
9.32description demonstrating the intent to provide for the office and function of a distribution
9.33trust advisor. The governing instrument may provide that the distribution trust advisor has
9Sec. 12.
REVISOR JSK/EN 25-0229601/15/25 10.1the authority to direct, consent to, veto, or otherwise exercise all or any portion of the
10.2distribution powers and discretions of the trustee. Unless the terms of the governing
10.3instrument provide otherwise, the distribution trust advisor has authority to:
10.4 (1) direct the trustee with regard to all decisions relating directly or indirectly to
10.5discretionary distributions of income or principal to or for one or more beneficiaries.; and
10.6 (2) direct the trustee to terminate the trust, including determination of how the trustee
10.7shall distribute the trust property to be consistent with the purposes of the trust.
10.8 Sec. 13. Minnesota Statutes 2024, section 501C.0808, subdivision 4, is amended to read:
10.9 Subd. 4.Powers of trust protector.A trust protector may be designated in the governing
10.10instrument of a trust. The powers of a trust protector may be exercised or not exercised in
10.11the sole and absolute discretion of the trust protector, and are binding on all other persons,
10.12including but not limited to each beneficiary, investment trust advisor, distribution trust
10.13advisor, fiduciary, excluded fiduciary, and any other party having an interest in the trust.
10.14The governing instrument may use the title "trust protector" or any similar name or
10.15description demonstrating the intent to provide for the office and function of a trust protector.
10.16The powers granted to a trust protector by the governing instrument may include but are
10.17not limited to authority to do any one or more of the following:
10.18 (1) modify or amend the governing instrument to achieve favorable tax status or respond
10.19to changes in the Internal Revenue Code, federal laws, state law, or the rulings and regulations
10.20under such laws;
10.21 (2) increase, decrease, or modify the interests of any beneficiary or beneficiaries of the
10.22trust;
10.23 (3) modify the terms of any power of appointment granted by the trust; provided,
10.24however, such modification or amendment may not grant a beneficial interest to any
10.25individual, class of individuals, or other parties not specifically provided for under the trust
10.26instrument;
10.27 (4) remove, appoint, or remove and appoint, a trustee, investment trust advisor,
10.28distribution trust advisor, another directing party, investment committee member, or
10.29distribution committee member, including designation of a plan of succession for future
10.30holders of any such office;
10.31 (5) terminate the trust, including determination of how the trustee shall distribute the
10.32trust property to be consistent with the purposes of the trust;
10Sec. 13.
REVISOR JSK/EN 25-0229601/15/25 11.1 (6) (5) change the situs of the trust, the governing law of the trust, or both;
11.2 (7) (6) appoint one or more successor trust protectors, including designation of a plan
11.3of succession for future trust protectors;
11.4 (8) (7) interpret terms of the trust instrument at the request of the trustee;
11.5 (9) (8) advise the trustee on matters concerning a beneficiary;
11.6 (10) (9) amend or modify the governing instrument to take advantage of laws governing
11.7restraints on alienation, distribution of trust property, or to improve the administration of
11.8the trust; or
11.9 (11) veto or direct trust distributions; or
11.10 (12) (10) provide direction regarding notification of qualified beneficiaries.
11.11 If a charity is a current beneficiary or a presumptive remainder beneficiary of the trust,
11.12a trust protector must give notice to the attorney general's charitable trust division at least
11.1360 days before taking any of the actions authorized under clause (2), (3), (4), or (5), or (6).
11.14The attorney general's charitable trust division may, however, waive this notice requirement.
11.15Sec. 14. Minnesota Statutes 2024, section 501C.0808, subdivision 5, is amended to read:
11.16 Subd. 5.Duty and liability of directing party.(a) A directing party who is a distribution
11.17trust advisor or an investment trust advisor is a fiduciary of the trust subject to the same
11.18duties and standards applicable to a trustee of a trust as provided by applicable law unless
11.19the governing instrument provides otherwise, but the governing instrument may not, however,
11.20relieve or exonerate a directing party from the duty to act or withhold acting as the directing
11.21party in good faith reasonably believes is in the best interests of the trust., including but not
11.22limited to the limitation period for actions against a trustee, the effect of providing a report
11.23or account, and the defenses available to a trustee in an action for breach of trust against
11.24the trustee. The terms of the governing instrument may vary the duty or liability of an
11.25investment trust advisor or a distribution trust advisor, but only to the same extent the terms
11.26of the trust could vary the duty or liability of a trustee in a like position and under similar
11.27circumstances.
11.28 (b) A trust protector is not a fiduciary of the trust unless the governing instrument provides
11.29otherwise, provided that a trust protector shall be a fiduciary subject to subsection (a) if the
11.30governing instrument grants the trust protector any of the powers of an investment trust
11.31advisor under subdivision 2 or a distribution trust advisor under subdivision 3, but only to
11.32the extent of the power or powers granted.
11Sec. 14.
REVISOR JSK/EN 25-0229601/15/25 12.1 Sec. 15. Minnesota Statutes 2024, section 501C.0808, subdivision 6, is amended to read:
12.2 Subd. 6.Duty and liability of excluded fiduciary.(a) The excluded fiduciary shall act
12.3in accordance with the governing instrument and shall take reasonable steps to comply with
12.4the directing party's exercise of the powers granted to the directing party by the governing
12.5instrument. Unless otherwise provided in the governing instrument, an excluded fiduciary
12.6has no duty to monitor, review, inquire, investigate, recommend, evaluate, or warn with
12.7respect to a directing party's exercise of or failure to exercise any power granted to the
12.8directing party by the governing instrument, including but not limited to, any power related
12.9to the acquisition, disposition, retention, management, or valuation of any asset or investment.
12.10Except as otherwise provided in this section or the governing instrument, an excluded
12.11fiduciary is not liable, either individually or as a fiduciary, for any action, inaction, consent,
12.12or failure to consent by a directing party, including but not limited to, any of the following:
12.13 (1) if a governing instrument provides that an excluded fiduciary is to follow the direction
12.14of a directing party, and the excluded fiduciary acts in accordance with the direction, then
12.15except in cases of willful misconduct on the part of the excluded fiduciary in complying
12.16with the direction of the directing party, the excluded fiduciary is not liable for any loss
12.17resulting directly or indirectly from following the direction, including but not limited to,
12.18compliance regarding the valuation of assets for which there is no readily available market
12.19value;
12.20 (2) if a governing instrument provides that an excluded fiduciary is to act or omit to act
12.21only with the consent of a directing party, then except in cases of willful misconduct on the
12.22part of the excluded fiduciary, the excluded fiduciary is not liable for any loss resulting
12.23directly or indirectly from any act taken or omitted as a result of the directing party's failure
12.24to provide consent after having been requested to do so by the excluded fiduciary; or
12.25 (3) if a governing instrument provides that, or if for any other reason, an excluded
12.26fiduciary is required to assume the role or responsibilities of a directing party, or if the
12.27excluded fiduciary appoints a directing party or successor to a directing party, then except
12.28in cases of willful misconduct on the part of the excluded fiduciary, the excluded fiduciary
12.29is not liable for any loss resulting directly or indirectly from its actions in carrying out the
12.30roles and responsibilities of the directing party.
12.31 (b) Any excluded fiduciary is also relieved from any obligation to review or evaluate
12.32any direction from a distribution trust advisor or to perform investment or suitability reviews,
12.33inquiries, or investigations or to make recommendations or evaluations with respect to
12.34investments to the extent the directing party, custodial account owner, or authorized designee
12Sec. 15.
REVISOR JSK/EN 25-0229601/15/25 13.1of a custodial account owner had authority to direct the acquisition, disposition, or retention
13.2of any such investment. If the excluded fiduciary offers such communication to the directing
13.3party or any investment person selected by the investment trust advisor, the action may not
13.4be deemed to constitute an undertaking by the excluded fiduciary to monitor or otherwise
13.5participate in actions within the scope of the advisor's authority or to constitute any duty to
13.6do so.
13.7 (c) An excluded fiduciary is also relieved of any duty to communicate with, warn, or
13.8apprise any beneficiary or third party concerning instances in which the excluded fiduciary
13.9would or may have exercised the excluded fiduciary's own discretion in a manner different
13.10from the manner directed by the directing party.
13.11 (d) Absent a contrary provision in the governing instrument, the actions of the excluded
13.12fiduciary, including any communications with the directing party or others, or carrying out,
13.13recording, or reporting actions taken at the directing party's direction pertaining to matters
13.14within the scope of authority of the directing party, shall be deemed to be administrative
13.15actions taken by the excluded fiduciary solely to allow the excluded fiduciary to perform
13.16those duties assigned to the excluded fiduciary under the governing instrument. An
13.17administrative action described under this paragraph may not be deemed to constitute an
13.18undertaking by the excluded fiduciary to monitor, participate, or otherwise take any fiduciary
13.19responsibility for actions within the scope of authority of the directing party.
13.20 (e) Any person acting in the role of excluded fiduciary or directing party is an interested
13.21person who may petition the district court and invoke its jurisdiction as provided in sections
13.22501C.0201 to 501C.0208 for those matters specified in section 501C.0202, and the provisions
13.23of section 501C.0202 shall be construed and applied so that the references in that section
13.24to a "trustee" include the excluded fiduciary or directing party, as applicable.
13.25Sec. 16. Minnesota Statutes 2024, section 501C.0808, subdivision 8, is amended to read:
13.26 Subd. 8.Duty to inform excluded fiduciary and directing parties.(a) Each directing
13.27party shall keep the excluded fiduciary and any other directing party reasonably informed
13.28regarding the administration of the trust with respect to any specific duty or function being
13.29performed by the directing party to the extent that the duty or function would normally be
13.30performed by the excluded fiduciary or to the extent that providing such information to the
13.31excluded fiduciary or other directing party is reasonably necessary for the excluded fiduciary
13.32or other directing party to perform its duties. The directing party shall provide such
13.33information as reasonably requested by the excluded fiduciary or other directing party.
13.34Neither the performance nor the failure to perform of a directing party's duty to inform as
13Sec. 16.
REVISOR JSK/EN 25-0229601/15/25 14.1provided in this subdivision affects the limitation on the liability of the excluded fiduciary
14.2as provided in this section.
14.3 (b) Each excluded fiduciary shall keep the directing party or parties reasonably informed
14.4regarding the administration of the trust with respect to any specific duty or function
14.5performed by the excluded fiduciary to the extent that providing such information to the
14.6directing party or parties is reasonably necessary for the directing party to perform its duties.
14.7The excluded fiduciary shall provide such information as reasonably requested by a directing
14.8party. Neither the performance of nor the failure to perform an excluded fiduciary's duty to
14.9inform as provided in this subdivision affects the liability of the directing party as provided
14.10in this section.
14.11Sec. 17. Minnesota Statutes 2024, section 501C.0808, is amended by adding a subdivision
14.12to read:
14.13 Subd. 9a.Office of directing party.Unless the terms of a governing instrument provide
14.14otherwise, the rules applicable to a trustee apply to a directing party regarding the following
14.15matters:
14.16 (1) acceptance under section 501C.0701;
14.17 (2) giving of bond to secure performance under section 501C.0702;
14.18 (3) when more than one person is acting in the role of a directing party, the provisions
14.19applicable to cotrustees under section 501C.0703;
14.20 (4) reasonable compensation under section 501C.0708;
14.21 (5) resignation under section 501C.0705;
14.22 (6) removal under section 501C.0706; and
14.23 (7) vacancy and appointment of successor under section 501C.0704.
14.24Sec. 18. Minnesota Statutes 2024, section 501C.1013, subdivision 4, is amended to read:
14.25 Subd. 4.Effect.When a certificate of trust is recorded in a county where real property
14.26is situated, or in the case of personal property, when it is presented to a third party, the
14.27certificate of trust serves to document the existence of the trust, the identity of the trustees,
14.28the powers of the trustees and any limitations on those powers, and other matters the
14.29certificate of trust sets out, as though the full trust instrument had been recorded or presented.
14.30Until amended or revoked under subdivision 5, or until the full trust instrument is recorded
14.31or presented, a certificate of trust is prima facie proof as to matters contained in it and any
14Sec. 18.
REVISOR JSK/EN 25-0229601/15/25 15.1party may rely upon the continued effectiveness of the certificate, and the subsequent
15.2revocation or amendment of a certificate of trust shall not affect transactions entered into
15.3in reliance on a prior certificate of trust.
15.4 Sec. 19. Minnesota Statutes 2024, section 501C.1014, is amended by adding a subdivision
15.5to read:
15.6 Subd. 5.Affidavit of trustee.An affidavit of a trustee or of trustees of an inter vivos
15.7trust or a testamentary trust in support of a personal property transaction may be substantially
15.8in the form of the affidavit provided in subdivision 1 or 2, as long as the affidavit sets forth
15.9a description of the personal property and includes paragraphs 2, 3(a) and (b), changing the
15.10property reference to the personal property described, 4, 5, 6, and 7 of the form of the
15.11affidavit provided in subdivision 1 or 2.
15.12Sec. 20. Minnesota Statutes 2024, section 501C.1105, subdivision 1, is amended to read:
15.13 Subdivision 1.Expenses.Unless a will or trust instrument provides otherwise and subject
15.14to subdivision 2, all expenses incurred in connection with the settlement of a decedent's
15.15estate, including debts, funeral expenses, estate taxes, interest and penalties concerning
15.16taxes, family allowances, fees of attorneys and personal representatives, and court costs
15.17must be charged against the principal of the estate.
15.18Sec. 21. Minnesota Statutes 2024, section 501C.1105, is amended by adding a subdivision
15.19to read:
15.20 Subd. 4.Decedent's estate.For purposes of this section, the "decedent's estate" includes
15.21the estate of the decedent and any trust that was revocable by the decedent at the time of
15.22the decedent's death.
15.23Sec. 22. Minnesota Statutes 2024, section 502.851, subdivision 1, is amended to read:
15.24 Subdivision 1.Definitions.(a) The definitions in this subdivision apply to this section.
15.25 (b) "Appointed trust" means an irrevocable trust which receives principal from an invaded
15.26trust under subdivision 3 or 4, including another trust created by the settlor of the invaded
15.27trust, under the terms of the invaded trust or any other trust instrument, or by the trustees,
15.28in that capacity, of the invaded trust. For purposes of creating another trust, any requirement
15.29that a trust instrument be signed by the settlor shall be deemed satisfied by the signature of
15.30the trustee of the appointed trust. In the discretion of the authorized trustee, the appointed
15.31trust may be the same trust as the invaded trust with modified terms which does not require
15Sec. 22.
REVISOR JSK/EN 25-0229601/15/25 16.1the trustee of the appointed trust to refer to the trust by a different name or obtain a separate
16.2tax identification number when applicable.
16.3 (c) "Authorized trustee" means, as to an invaded trust, any trustee or trustees with
16.4authority to pay trust principal to or for one or more current beneficiaries other than a trustee
16.5who is the settlor, or a beneficiary to whom income or principal must be paid currently or
16.6in the future, or who is or will become eligible to receive a distribution of income or principal
16.7in the discretion of the trustee, other than by the exercise of a power of appointment held
16.8in a nonfiduciary capacity.
16.9 (d) "Current beneficiary" or "beneficiaries" means the person or persons, or as to a class,
16.10any person or persons who are or will become members of that class, to whom the trustees
16.11may distribute principal at the time of the exercise of the power, provided that the interest
16.12of a beneficiary to whom income, but not principal, may be distributed at the discretion of
16.13the trustee of the invaded trust, may be continued in the appointed trust.
16.14 (e) "Invade" means the power to pay directly to the beneficiary of a trust or make
16.15application for the benefit of the beneficiary.
16.16 (f) "Invaded trust" means any existing irrevocable inter vivos or testamentary trust whose
16.17principal is appointed under subdivision 3 or 4.
16.18 (g) "Person or persons interested in the invaded trust" means all qualified beneficiaries
16.19as defined in section 501C.0103, paragraph (m).
16.20 (h) "Principal" includes the income of the trust at the time of the exercise of the power
16.21that is not currently required to be distributed, including accrued and accumulated income.
16.22 (i) "Unlimited discretion" means the unlimited power to distribute principal. A power
16.23to distribute principal that includes words such as best interests, welfare, comfort, or
16.24happiness shall not be considered a limitation of the power to distribute principal.
16.25Sec. 23. Minnesota Statutes 2024, section 502.851, subdivision 2, is amended to read:
16.26 Subd. 2.Power of appointment; effect when more or less extensive than authorized
16.27Savings provision.An exercise of a power of appointment is not void if the exercise is:
16.28 (1) more extensive than was authorized but is valid to the extent authorized by the
16.29instrument creating its power; or
16.30 (2) less extensive than authorized by the instrument creating the power, unless the donor
16.31has manifested a contrary intention.
16Sec. 23.
REVISOR JSK/EN 25-0229601/15/25 17.1 (a) If exercise of the power to invade trust principal under subdivision 3 or 4 would be
17.2effective under this section except that the appointed trust instrument in part does not comply
17.3with this section, the exercise of the power is effective and the following rules apply with
17.4respect to the principal of the appointed trust attributable to the exercise of the power:
17.5 (1) a provision in the appointed trust instrument that is not permitted under this section
17.6is void to the extent necessary to comply with this section; and
17.7 (2) a provision required by this section to be in the appointed trust instrument that is not
17.8contained in the trust instrument is deemed to be included in the trust instrument to the
17.9extent necessary to comply with this section.
17.10 (b) If a trustee or other fiduciary of an appointed trust determines that subsection (a)
17.11applies to a prior exercise of the power to invade trust principal under subdivision 3 or 4,
17.12the fiduciary shall take corrective action consistent with the fiduciary's duties.
17.13Sec. 24. Minnesota Statutes 2024, section 502.851, subdivision 3, is amended to read:
17.14 Subd. 3.Authorized trustee with unlimited discretion.(a) An authorized trustee with
17.15unlimited discretion to invade trust principal may appoint part or all of the principal to a
17.16trustee of an appointed trust for, and only for the benefit of, one, more than one, or all of
17.17the current beneficiaries of the invaded trust, to the exclusion of any one or more of the
17.18current beneficiaries. The successor and remainder beneficiaries of the appointed trust may
17.19be none, must be one, more than one, or all of the successor and remainder beneficiaries of
17.20the invaded trust, and may be to the exclusion of any one, more than one, or all of such
17.21successor and remainder beneficiaries.
17.22 (b) An authorized trustee exercising the power under paragraph (a) may grant a
17.23discretionary power of appointment in the appointed trust to one or more of the current
17.24beneficiaries of the invaded trust, provided that the beneficiary granted a power to appoint
17.25may receive principal outright under the terms of the invaded trust.
17.26 (c) If the authorized trustee grants a power of appointment, the class of permissible
17.27appointees in favor of whom the beneficiary may exercise the power of appointment granted
17.28in the appointed trust may be broader or otherwise different from the current, successor,
17.29and remainder beneficiaries of the invaded trust.
17.30 (d) If the beneficiary or beneficiaries of the invaded trust are described by a class, the
17.31beneficiary or beneficiaries of the appointed trust may include present or future members
17.32of the class.
17Sec. 24.
REVISOR JSK/EN 25-0229601/15/25 18.1 Sec. 25. Minnesota Statutes 2024, section 502.851, subdivision 4, is amended to read:
18.2 Subd. 4.Authorized trustee without unlimited discretion.(a) An authorized trustee
18.3with the power to invade trust principal but without unlimited discretion may appoint part
18.4or all of the principal of the trust to a trustee of an appointed trust, provided that the current
18.5beneficiaries of the appointed trust shall be the same as the current beneficiaries of the
18.6invaded trust and the successor and remainder beneficiaries shall be the same as the successor
18.7and remainder beneficiaries of the invaded trust.
18.8 (b) If the authorized trustee exercises the power under this subdivision, the appointed
18.9trust shall include the same language authorizing the trustee to distribute the income or
18.10invade the principal of the appointed trust as in the invaded trust.
18.11 (c) If the authorized trustee exercises the power under this subdivision to extend the
18.12term of the appointed trust beyond the term of the invaded trust, for any period after the
18.13invaded trust would have otherwise terminated under the provisions of the invaded trust,
18.14the appointed trust, in addition to the language required to be included in the appointed trust
18.15pursuant to paragraph (b), may also include language providing the trustee with unlimited
18.16discretion to invade the principal of the appointed trust during this extended term.
18.17 (d) If the beneficiary or beneficiaries of the invaded trust are described by a class, the
18.18beneficiary or beneficiaries of the appointed trust shall include present or and future members
18.19of the class.
18.20 (e) If the authorized trustee exercises the power under this subdivision and if the invaded
18.21trust grants a power of appointment to a beneficiary of the trust, the appointed trust shall
18.22grant the power of appointment in the appointed trust and the class of permissible appointees
18.23shall be the same as in the invaded trust.
18.24Sec. 26. Minnesota Statutes 2024, section 502.851, subdivision 11, is amended to read:
18.25 Subd. 11.Requirements for exercise of power to appoint; notice.(a) The exercise of
18.26the power to appoint to an appointed trust under subdivision 3 or 4 must be evidenced by
18.27an instrument in writing, signed, and dated, and acknowledged by the authorized trustee.
18.28The exercise of the power shall be effective 60 days after the date of delivery of notice as
18.29specified in paragraph (c), unless each person entitled to notice agrees in writing to an earlier
18.30effective date or waives in writing the right to object to the exercise of the power.
18.31 (b) An authorized trustee may exercise the power authorized by subdivision 3 or 4
18.32without the consent of the settlor or the persons interested in the invaded trust and without
18Sec. 26.
REVISOR JSK/EN 25-0229601/15/25 19.1court approval, provided that the authorized trustee may seek court approval for the exercise
19.2with notice to all persons interested in the invaded trust.
19.3 (c) A copy of the instrument exercising the power, a copy of the appointed trust, and a
19.4copy of the invaded trust shall be delivered to:
19.5 (1) any person having the right, pursuant to the terms of the invaded trust, to remove or
19.6replace the authorized trustee exercising the power under subdivision 3 or 4; and
19.7 (2) all persons interested in the invaded trust.; and
19.8 (3) any person who would be considered the owner of all or any portion of the appointed
19.9trust under sections 671 to 679 of the Internal Revenue Code.
19.10 (d) Notice of an exercise of the power must be given in the same manner as provided in
19.11section 501C.0109 and is subject to the provisions of section 501C.0301.
19.12 (e) The instrument exercising the power shall state whether the appointment is of all the
19.13assets comprising the principal of the invaded trust or only a part of the assets comprising
19.14the principal of the invaded trust and, if a part, the approximate percentage of the value of
19.15the principal of the invaded trust that is subject to the appointment.
19.16 (f) A person entitled to notice may object to the authorized trustee's exercise of the power
19.17under this section by serving a written notice of objection upon the authorized trustee prior
19.18to the effective date of the exercise of the power. The failure to object shall not constitute
19.19a consent.
19.20 (g) If the authorized trustee does not receive a written objection to the proposed exercise
19.21from a person entitled to notice within the applicable period, the authorized trustee is not
19.22liable to any person who received the required notice for the exercise of the power.
19.23 (h) If the authorized trustee receives a written objection within the applicable period,
19.24either the authorized trustee or any person entitled to notice may petition the court to have
19.25the proposed exercise of a power performed as proposed, performed with modifications, or
19.26denied. In a proceeding, a person objecting to the proposed exercise has the burden of proof
19.27as to whether the authorized trustee's proposed exercise should not be performed. A person
19.28who has not objected is not estopped from opposing the proposed exercise in the proceeding.
19.29If the authorized trustee decides not to implement the proposed exercise, the trustee shall
19.30notify all persons entitled to notice of the decision not to exercise the power and the reasons
19.31for the decision, and the authorized trustee's decision not to implement the proposed exercise
19.32does not itself give rise to liability to any person interested in the invaded trust. A person
19Sec. 26.
REVISOR JSK/EN 25-0229601/15/25 20.1entitled to notice may petition the court to have the exercise of a power performed and has
20.2the burden of proof as to whether it should be performed.
20.3 (i) A copy of the instrument exercising the power and a copy of each of the invaded trust
20.4and the appointed trust shall be filed with records of the appointed trust and the invaded
20.5trust.
20.6 Sec. 27. Minnesota Statutes 2024, section 502.851, subdivision 15, is amended to read:
20.7 Subd. 15.Prohibitions.An authorized trustee may not exercise a power authorized by
20.8subdivision 3 or 4 to effect any of the following:
20.9 (1) to reduce, limit, or modify any beneficiary's current right to a mandatory distribution
20.10of income or principal, a mandatory annuity or unitrust interest, a current right to withdraw
20.11a percentage of the value of the trust, or a current right to withdraw a specified dollar amount;
20.12provided, however, and subject to the other limitations in this section, an authorized trustee
20.13may exercise a power authorized by subdivision 3 or 4 to appoint to an appointed trust that
20.14is a supplemental needs trust that conforms to the provisions of section 501C.1205;
20.15 (2) notwithstanding section 501C.1008, paragraph (b), to decrease or indemnify against
20.16a trustee's liability or exonerate a trustee from liability for failure to exercise reasonable
20.17care, diligence, and prudence, except that the appointed trust may divide and reallocate
20.18fiduciary powers among fiduciaries, including one or more trustees, distribution trust
20.19advisors, investment trust advisors, trust protectors, or other persons, and relieve a fiduciary
20.20from liability for an act or failure to act of another fiduciary as permitted under section
20.21501C.0808;
20.22 (3) to alter or eliminate a provision granting another person the right to remove or replace
20.23the authorized trustee exercising the power under subdivision 3 or 4, unless notice has been
20.24provided to the persons under subdivision 11, paragraph (c), or approval is granted by a
20.25court having jurisdiction over the trust;
20.26 (4) to make a binding and conclusive fixation of the value of any asset for purposes of
20.27distribution, allocation, or otherwise;
20.28 (5) to extend the term of the appointed trust beyond any permissible period of the rule
20.29against perpetuities of the invaded trust, and any exercise of the power which extends the
20.30term of the appointed trust beyond the permissible period of the rule against perpetuities of
20.31the invaded trust shall void the entire exercise of the power; or
20.32 (6) to jeopardize:
20Sec. 27.
REVISOR JSK/EN 25-0229601/15/25 21.1 (i) the deduction or exclusion originally claimed with respect to any contribution to the
21.2invaded trust that qualified for the annual exclusion under section 2503(b) of the Internal
21.3Revenue Code; the marital deduction under section 2056(a) or 2523(a) of the Internal
21.4Revenue Code; or the charitable deduction under section 170(a), 642(c), 2055(a), or 2522(a)
21.5of the Internal Revenue Code;
21.6 (ii) the qualification of a transfer as a direct skip under section 2642(c) of the Internal
21.7Revenue Code; or
21.8 (iii) the qualification as a foreign grantor trust under section 672(f)(2)(A) of the Internal
21.9Revenue Code;
21.10 (iv) if the property of the invaded trust includes shares of stock in an S corporation, as
21.11defined in section 1361 of the Internal Revenue Code and the invaded trust is, or but for
21.12the exercise of power to invade the trust principal under this section would be, a permitted
21.13shareholder under any provision of section 1361 of the Internal Revenue Code, the authorized
21.14trustee may exercise the power with respect to part or all of the S corporation stock only if
21.15any appointed trust receiving the stock is a permitted shareholder under section 1361(c)(2)
21.16of the Internal Revenue Code. If the property of the invaded trust includes shares of stock
21.17in an S corporation and the invaded trust is, or but for the exercise of power to invade the
21.18trust principal under this section would be, a qualified subchapter S trust within the meaning
21.19of section 1361(d) of the Internal Revenue Code, the appointed trust instrument must not
21.20include or omit a term that prevents the appointed trust from qualifying as a qualified
21.21subchapter S trust; or
21.22 (iii) (v) any other specific tax benefit for which a contribution originally qualified for
21.23income, gift, estate, or generation-skipping transfer purposes under the Internal Revenue
21.24Code.
21.25Sec. 28. Minnesota Statutes 2024, section 502.851, subdivision 16, is amended to read:
21.26 Subd. 16.Compensation; commissions.For the purposes of this section: (1), unless a
21.27court otherwise directs, an authorized trustee may not exercise a power authorized by
21.28subdivision 3 or 4 to change the provisions regarding the determination of the compensation
21.29of any trustee. The commissions or other compensation payable to the trustees of the invaded
21.30trust may continue to be paid to the trustees of the appointed trust during the term of the
21.31appointed trust and shall be determined in the same manner as in the invaded trust.
21.32 (2) No trustee shall receive any paying commission or other compensation for appointing
21.33of property from the invaded trust to an appointed trust pursuant to subdivision 3 or 4.
21Sec. 28.
REVISOR JSK/EN 25-0229601/15/25 22.1 Sec. 29. Minnesota Statutes 2024, section 524.2-114, is amended to read:
22.2 524.2-114 PARENT BARRED FROM INHERITING IN CERTAIN
22.3CIRCUMSTANCES.
22.4 (a) A parent is barred from inheriting from or through a child of the parent if:
22.5 (1) the parent's parental rights were terminated and the parent-child relationship was not
22.6judicially reestablished; or
22.7 (2) the child died before reaching 18 years of age and there is clear and convincing
22.8evidence that immediately before the child's death the parental rights of the parent could
22.9have been terminated under law of this state other than this chapter on the basis of
22.10nonsupport, abandonment, abuse, neglect, or other actions or inactions of the parent toward
22.11the child.; or
22.12 (3) the child died after reaching 18 years of age and there is clear and convincing evidence
22.13that:
22.14 (i) during the years of the child's minority, the parental rights of the parent could have
22.15been terminated under laws of this state other than this chapter on the basis of nonsupport,
22.16abandonment, abuse, neglect, or other actions or inactions of the parent toward the child;
22.17and
22.18 (ii) in the year preceding the child's death, the parent and child were estranged. For
22.19purposes of this subdivision, "estranged" means having a relationship characterized by
22.20enmity, hostility, or indifference.
22.21 (b) For the purpose of intestate succession from or through the deceased child, a parent
22.22who is barred from inheriting under this section is treated as if the parent predeceased the
22.23child.
22.24Sec. 30. Minnesota Statutes 2024, section 524.2-804, subdivision 1, is amended to read:
22.25 Subdivision 1.Revocation upon dissolution.Except as provided by the express terms
22.26of a governing instrument, other than a trust instrument under section 501C.1207, executed
22.27prior to the dissolution or annulment of an individual's marriage, a court order, a contract
22.28relating to the division of the marital property made between individuals before or after
22.29their marriage, dissolution, or annulment, or a plan document governing a qualified or
22.30nonqualified retirement plan, the dissolution or annulment of a marriage revokes any
22.31revocable:
22Sec. 30.
REVISOR JSK/EN 25-0229601/15/25 23.1 (1) disposition, beneficiary designation, or appointment of property made in a governing
23.2instrument by an individual to the individual's former spouse in a governing instrument or
23.3any members of the former spouse's family who are not also members of the individual's
23.4family;
23.5 (2) provision in a governing instrument conferring a general or nongeneral power of
23.6appointment on an individual's former spouse; and
23.7 (3) nomination in a governing instrument, nominating an individual's former spouse or
23.8any members of the former spouse's family who are not also members of the individual's
23.9family to serve in any fiduciary or representative capacity, including a personal representative,
23.10executor, trustee, conservator, agent, or guardian.
23Sec. 30.
REVISOR JSK/EN 25-0229601/15/25