Uniform Trust Code
Information on the Uniform Trust Code, including the status of which U.S. states have enacted it as state law, is available on the Uniform Law Commission website. As of January 2012, approximately 23 U.S. states have adopted the Uniform Trust Code.
Uniform Prudent Investor Act
The Uniform Prudent Investor Act may be of interest to trustees administering a trust as well as beneficiaries of a trust. Information on the Uniform Prudent Investor Act, including the status of which U.S. states have adopted it as state law, is available on the Uniform Law Commission website.
Court Decisions or Case Law
For information on the federal courts, see U.S. Courts.
To find information on the decisions of a particular state court, see the state courts directory of the National Center for State Courts.
To learn about legal precedents and how to obtain copies of published federal and state court opinions, see the Law Library of Congress website.
State Statutes
The legislature of each state adopts statutes that codify the law applicable to trusts in that state. Visit the website of your state legislature to find state codes published online. Review your state trust code and state probate code for applicable information.
Hornbooks and Legal Treatises on Trusts
Two of the best and most current are:
Trusts by George Taylor Bogert.
Wills, Trusts and Estates by William M. McGovern.
This page is intended to provide links to sources of U.S. trust law for those interested in learning more about estate planning trusts and trust administration. These trust law references are meant to be informative, but should not be used as a replacement for guidance from an attorney.
In reviewing these sources, it is important to understand not all sources of trust law carry equal weight. Not all sources are binding on a court with jurisdiction of a particular trust dispute. Some sources of law are binding authority and must be followed by a court. For example, a previously issued decision by a higher court is considered binding authority on a lower court beneath a higher court in the same heirarchy. Other sources of law, such as the Restatements, are considered persuasive only, meaning it is not mandatory a court follow it.
A discussion of primary versus secondary sources of law, and which sources are binding or merely persuasive, is outside the scope of article. If you find a source of law you believe is directly on point regarding your issue, it is essential to be aware whether that source is binding or merely persuasive authority.
Review the sources of trust law listed on this page to learn more about the law applicable to a particular type of estate planning trust, a legal dispute involving a trust beneficiary, and other legal matters involving a trust. Before taking any action that may affect a trust or beneficiary, consult an attorney.
Law Journals and Other Journals That Cover Trust Law
The following is a list of highly regarded journals that provide analysis of current issues affecting estate planning trusts, trustors or grantors, trustees, and trust beneficiaries.
The Real Property, Trust and Estate Law Journal published by the Section of Real Property, Trust and Estate Law of the American Bar Association with the assistance of the University of South Carolina School of Law.
The ACTEC Law Journal published by the American College of Trust and Estate Counsel.
Trusts & Estates, a peer review journal for wealth management professionals.
by George Taylor Bogert.
by William M. McGovern.
by Lawrence H. Averill.
by Raymond C. O'Brien.