Iowa Code
Iowa Code § 633A.1104 (2026)
Common law of trusts
✓ current as of July 2026
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Except to the extent that this chapter modifies the common law governing trusts, the common law of trusts shall supplement this trust code. 99 Acts, ch 125, §4, 109 C2001, §633.1104 2005 Acts, ch 38, §52, 54 CS2005, §633A.1104
\nNotes of Decisions
Cited in 10
cases (4 in the last 5 years), 2007–2024 · leading case: In Re Est. of Gist, 763 N.W.2d 561 (Iowa 2009).
In Re Est. of Gist, 763 N.W.2d 561 (Iowa 2009). “" Iowa Code § 633A.1104. Our common law does have an exception to a spendthrift provision for services or supplies provided for necessities.”
Kolb v. City of Storm Lake, 736 N.W.2d 546 (Iowa 2007). “§ 633A.1104 (“Except to the extent that this chapter modifies the common law governing trusts, the common law of trusts *555 shall supplement this trust code.”
Iowa Dep't of Human Servs. v. Eral, 763 N.W.2d 561 (Iowa 2009). “” Iowa Code § 633A.1104. Our common law does have an exception to a spendthrift provision for services or supplies provided for necessities.”
In The Matter Of The Est. Of Elenore Gist Iowa (Iowa 2009). “However, our analysis must continue based on section 633A.1104 of the Iowa Trust Code, which provides, “[e]xcept to the extent that this chapter modifies the common law governing trusts, the common law of trusts shall supplement this trust code.”
Maxwell R. Alberhasky v. George Rodney Alberhasky & Grayson H. Alberhasky (Iowa Ct. App. 2019). “930, 933 (Iowa 1914); see also Iowa Code § 633A.1104 (explaining common law of trusts may supplement the trust code).”
A.Y. McDonald Indus., Inc. v. Michael B. McDonald (Iowa Ct. App. 2021). “See generally Iowa Code §§ 633A.1104, 633B.121, 633B.123; MacGregor v.”
Katina M. Little v. Keith A. Davis & Donald J. Davis, Co-Trs. of the Donald K. Davis & Collen Davis Fam. Trust (Iowa 2022). “” Iowa Code § 633A.1104. Prior judicial decisions thus remain an integral part of the law of trusts and should be harmonized with the Trust Code.”
John Michael Maier, as Tr. for the Dahl's v. Chatz (Bankr. S.D. Iowa 2022). “” Iowa Code Ann. §633A.1104. Iowa law supports Maier’s position that a direct action by a beneficiary against a trustee is permissible.”
Norman J. Kolb, Tr. Of The Robert James Kolb Mem'l Trust Vs. City Of Storm Lake, Iowa (Iowa 2007). “§ 633A.1104 (“Except to the extent that this chapter modifies the common law governing trusts, the common law of trusts shall supplement this trust code.”
In re Trust of Uhl (Iowa Ct. App. 2024). “§ 633A.1104 (“Except to the extent that [chapter 633A] modifies the common law governing trusts, the common law of trusts shall supplement this trust code.”
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