3 1 no change of situs in the matter of the accounting of bankers trust company trustee of helen b hudson trust 29 ad2d 145 1968 settlor created an intervivos trust naming a ny state bank as trustee ny bank challenged husbands transfer to. 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. Goal changing the trusts situs is a calculated risk that the trustee must consider carefully reasons to change situs despite the inherent complexity of trust laws and trust situs there are significant benefits that can be the state of a trusts situs
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