This chapter may be cited as the Arkansas Trust Code.
History.
Acts 2005, No. 1031, § 1.
Research References
Ark. L. Notes.
Circo, How Does the Arkansas Trust Code Affect Real Estate Transactions?, 2007 Ark. L. Notes 45.
U. Ark. Little Rock L. Rev.
The Arkansas Trust Code: Good Law for Arkansas. 27 U. Ark. Little Rock L. Rev. 191.
Survey of Legislation, 2005 Arkansas General Assembly, Probate Law, 28 U. Ark. Little Rock L. Rev. 399.
Lynn Foster, Arkansas’s Trust Code and Trust Planning: A Ten-Year Perspective, 38 U. Ark. Little Rock L. Rev. 301 (2016).
Case Notes
Order Not Appealable.
Trustee's appeal of the circuit court's order that he had breached his fiduciary duty and that two trust assets had to be reappraised and the assets of the trust redistributed accordingly was properly dismissed without prejudice due to lack of finality. Although § 28-1-116 governed probate matters, which Ark. R. App. P. Civ. 2(a)(12) dictated were immediately appealable, trust matters were governed by § 28-73-101 et seq., and those statutes were not designated by Ark. R. App. P. Civ. 2(a)(12); in addition, no parties had been dismissed, the action had not been discharged, and the rights to the subject matter had not been concluded as the value of the two parcels of land was still unknown, and the value of each beneficiaries'
share was unknown.
Clark v. Summers, 2018 Ark. App. 225, 547 S.W.3d 511 (2018).
Covenant Presbytery v. First Baptist Church, 2016 Ark. 138 (Ark. 2016). · cites it 2דAn interest in a vested 2 Arkansas Code Annotated §§ 28-73-101 et seq. (Repl. 2012). 5 Cite as 2016 Ark.”
In re Est. of Thompson, 2014 Ark. 237 (Ark. 2014). · cites it 2דHe maintains the general proposition that, upon a settlor’s death, title to property held in an inter vivos revocable trust becomes irrevocable, such that, regardless of the nature of the rights retained over the assets by the settlor during his lifetime, the property ceases to…”
Clark v. Summers, 547 S.W.3d 511 (Ark. Ct. App. 2018). “) First, we agree that Arkansas Code Annotated section 28-1-116 indeed governs probate matters, which Rule 2 dictates are appealable; however, trust matters are governed by Arkansas Code Annotated sections 28-73-101 to -1106, and these statutes are not designated by Rule 2 as…”
Peck v. Peck, 575 S.W.3d 137 (Ark. Ct. App. 2019). “Peck essentially argues that her cause of action was for a breach of trust and that the court should have applied the more specific one-year statute of limitations found in Arkansas Code Annotated section 28-73-1005, part of the Arkansas Trust Code (ATC).”
Bamburg v. Zumwalt, 571 S.W.3d 927 (Ark. Ct. App. 2019). “2012), which sets forth that all orders in probate cases, except an order removing a fiduciary for failure to give a new bond or render an accounting required by the court or an order appointing a special administrator, are appealable.”
Tait v. Cmty. First Trust Co., 425 S.W.3d 684 (Ark. 2012). “As the parties point out, the Arkansas Trust Code, found at Arkansas Code Annotated sections 28-73-101 to 28-73-1106 (Repl.2012), contains no provision regarding the lapse of interests with respect to inter vivos trusts.”
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