[Rev. 11/21/2013 9:51:41 AM--2013]

CHAPTER 163 - TRUSTS

GENERAL PROVISIONS

NRS 163.001           Definitions.

NRS 163.0011         “Electronic record” defined.

NRS 163.0013         “Electronic signature” defined.

NRS 163.0015         “Electronic trust” defined.

NRS 163.0017         “Record” defined.

NRS 163.0019         Terms: “Writing” or “written.”

NRS 163.00195       Enforcement of no-contest clauses; exceptions.

CREATION AND VALIDITY OF TRUSTS

NRS 163.002           Creation: Methods.

NRS 163.003           Creation: Requirements.

NRS 163.004           Creation: Purpose; terms.

NRS 163.005           Creation: Consideration.

NRS 163.006           Creation: Beneficiary.

NRS 163.007           Validity of trust providing for one or more successor beneficiaries.

NRS 163.0075         Validity of trust providing for care of one or more animals.

NRS 163.008           Validity of trust created in relation to real property; recordation.

NRS 163.009           Oral trust of personal property.

NRS 163.0095         Electronic trust.

TRUSTS (UNIFORM ACT)

NRS 163.010           Short title.

NRS 163.020           Definitions.

NRS 163.023           Powers of trustee.

NRS 163.027           Distribution of property or money of trust: Powers of trustee; manner; consent of affected beneficiaries required for distribution without proration under certain circumstances.

NRS 163.030           Loan of money held in trust.

NRS 163.040           Corporate trustee may deposit with self certain money held in trust.

NRS 163.050           Trustee buying from or selling to self or affiliate.

NRS 163.060           Trustee selling from one trust to self as trustee of another trust.

NRS 163.070           Purchase by corporate trustee of its own stocks, bonds or other securities for trust prohibited unless specifically authorized.

NRS 163.080           Voting stock.

NRS 163.090           Holding stock in name of nominee.

NRS 163.100           Powers of trustee attached to office.

NRS 163.110           Powers of cotrustees: Exercisable by majority if more than two cotrustees; liability of dissenting cotrustee; unanimous action required if only two cotrustees; petition of interested person.

NRS 163.115           Breach of trust by trustee: Maintenance of proceeding; permissible purposes for maintenance of proceeding; nonexclusivity of remedies; method of commencing proceeding.

NRS 163.120           Claims based on certain contracts or obligations: Assertion against trust; entry of judgment; notice; intervention; personal liability of trustee; significance of use of certain terms.

NRS 163.130           Exoneration or reimbursement of trustee for tort.

NRS 163.140           Commission of tort by trustee or predecessor: Prerequisites to suit and collection from trust property; plaintiff not required to prove certain matters; entry of judgment; notice; intervention; personal liability of trustee; nonalteration of certain existing law.

NRS 163.145           Using power to appoint or distribute income to discharge own legal obligation prohibited.

NRS 163.150           Withdrawal from mingled money of multiple trusts.

NRS 163.160           Power of settlor; liability of trustee for breach of trust.

NRS 163.170           Power of beneficiary.

NRS 163.180           Power of court.

NRS 163.185           Power of court to order termination and distribution of trust before time provided in trust instrument.

NRS 163.190           Penalty for violation of certain provisions of chapter.

NRS 163.200           Uniformity of interpretation.

TESTAMENTARY ADDITIONS TO TRUSTS (UNIFORM ACT)

NRS 163.220           Short title.

NRS 163.230           Testamentary addition to trust.

NRS 163.250           Uniformity of interpretation.

TRUST POWERS WHICH MAY BE INCLUDED IN A WILL OR AGREEMENT BY REFERENCE

NRS 163.260           Incorporation by reference of powers enumerated in NRS 163.265 to 163.410, inclusive; restriction on exercise of such powers.

NRS 163.265           Retention of property.

NRS 163.270           Sale, exchange or other disposition of property.

NRS 163.275           Investments; reinvestments; delegation of authority to invest.

NRS 163.280           Investments without diversification.

NRS 163.285           Continuation of business.

NRS 163.290           Formation of corporation, limited-liability company or other entity.

NRS 163.295           Continuation of farming operation.

NRS 163.300           Management of real property.

NRS 163.305           Payment of taxes and expenses.

NRS 163.310           Receipt of additional property.

NRS 163.315           Dealing with other fiduciaries.

NRS 163.320           Borrowing money; renewing existing loans.

NRS 163.325           Advancing money.

NRS 163.330           Voting shares.

NRS 163.335           Registration in name of nominee.

NRS 163.340           Exercise of options, rights and privileges.

NRS 163.345           Participation in reorganization.

NRS 163.350           Reduction of interest rate.

NRS 163.355           Continuation of obligation.

NRS 163.360           Foreclosure; bidding in property.

NRS 163.365           Insurance.

NRS 163.370           Collections.

NRS 163.375           Litigation, compromise or abandonment of claim.

NRS 163.380           Employment and compensation of persons.

NRS 163.385           Acquisition and holding of property of two or more trusts undivided.

NRS 163.390           Establishment and maintenance of reserves.

NRS 163.395           Distribution in cash or kind.

NRS 163.400           Payment to or for minor or incapacitated person.

NRS 163.405           Apportionment or allocation of receipts and expenses.

NRS 163.410           Execution of contract or other instrument.

CONTROL OF TRUSTS

NRS 163.414           Definitions.

NRS 163.4145         “Beneficial interest” defined.

NRS 163.4147         “Beneficiary” defined.

NRS 163.415           “Distribution beneficiary” defined.

NRS 163.4155         “Distribution interest” defined.

NRS 163.4157         “Power of appointment” defined.

NRS 163.416           “Remainder interest” defined.

NRS 163.4165         “Reserved power” defined.

NRS 163.4167         Common law.

NRS 163.417           Limitations on actions of creditors and courts: Trust property not subject to trustee’s personal obligations; beneficial interests may not be transferred under certain circumstances.

NRS 163.4175         Trustee not required to consider certain factors with regard to distribution of trust assets.

NRS 163.4177         Factors which must not be considered exercising improper dominion or control over trust.

NRS 163.418           Clear and convincing evidence required to find settlor to be alter ego of trustee of irrevocable trust; certain factors insufficient for finding that settlor controls or is alter ego of trustee of irrevocable trust.

NRS 163.4185         Classifications of distribution interests.

NRS 163.4187         Support interest: Beneficiary has enforceable right to distribution; court review.

NRS 163.419           Discretionary interest: Court review; trustee’s powers and duties.

CHARITABLE TRUSTS

NRS 163.420           Short title.

NRS 163.430           Declaration of policy.

NRS 163.440           References to Internal Revenue Code.

NRS 163.450           Definitions.

NRS 163.460           “Charitable trust” defined.

NRS 163.470           “Private foundation trust” defined.

NRS 163.480           “Split interest trust” defined.

NRS 163.490           “Trust” defined.

NRS 163.500           “Trustee” defined.

NRS 163.510           Applicability.

NRS 163.520           Prohibited acts.

NRS 163.530           Minimum distribution required.

NRS 163.540           Amendment of trust instrument: Procedure.

NRS 163.550           Amendment of trust instrument: Provision for termination of status as private foundation.

DIRECTED TRUSTS

NRS 163.553           Definitions.

NRS 163.5533         “Custodial account” defined.

NRS 163.5535         “Custodial account owner” defined.

NRS 163.5537         “Distribution trust adviser” defined.

NRS 163.5539         “Excluded fiduciary” defined.

NRS 163.554           “Fiduciary” defined.

NRS 163.5541         “Instrument” defined.

NRS 163.5543         “Investment trust adviser” defined.

NRS 163.5545         “Trust adviser” defined.

NRS 163.5547         “Trust protector” defined.

NRS 163.5549         Limitations on liability of excluded fiduciary.

NRS 163.555           Action authorized upon incapacity or death of settlor.

NRS 163.5551         Circumstances in which trust advisers are considered fiduciaries.

NRS 163.5553         Powers of trust protector.

NRS 163.5555         Trust protector and trust adviser: Submission to jurisdiction of courts of this State.

NRS 163.5557         Powers of investment trust adviser and distribution trust adviser.

NRS 163.5559         Claims of creditors against settlor.

NRS 163.556           Circumstances under which trustee is authorized to appoint property of one testamentary trust or irrevocable trust to another trust.

MISCELLANEOUS PROVISIONS

NRS 163.558           Authority of settlor to specify conditions.

NRS 163.560           Irrevocable trust not to be construed as revocable.

NRS 163.565           Effect of divorce or annulment of marriage of settlor on revocable inter vivos trust.

NRS 163.570           Powers of trustee concerning gifts made by surviving spouse of decedent.

NRS 163.580           Duty of third person to ensure proper application of trust property.

NRS 163.590           Disposition of certain tangible personal property by reference to statement or list; requirements for admissibility of statement or list as evidence of intended disposition.

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GENERAL PROVISIONS

      NRS 163.001  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 163.0011 to 163.0017, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2001, 2350)

      NRS 163.0011  “Electronic record” defined.  “Electronic record” has the meaning ascribed to it in NRS 132.117.

      (Added to NRS by 2001, 2350)

      NRS 163.0013  “Electronic signature” defined.  “Electronic signature” has the meaning ascribed to it in NRS 132.118.

      (Added to NRS by 2001, 2350)

      NRS 163.0015  “Electronic trust” defined.  “Electronic trust” means a trust instrument that complies with the requirements of NRS 163.0095.

      (Added to NRS by 2001, 2350)

      NRS 163.0017  “Record” defined.  “Record” has the meaning ascribed to it in NRS 132.287.

      (Added to NRS by 2001, 2350)

      NRS 163.0019  Terms: “Writing” or “written.”  As used in this chapter, unless the context otherwise requires, when the term “writing” or “written” is used in reference to a will, trust or instrument to convey property, the term includes an electronic will as defined in NRS 132.119 or an electronic trust as defined in NRS 163.0015, as appropriate.

      (Added to NRS by 2001, 2350)

      NRS 163.00195  Enforcement of no-contest clauses; exceptions.

      1.  Except as otherwise provided in subsections 3 and 4, a no-contest clause in a trust must be enforced by the court.

      2.  A no-contest clause must be construed to carry out the settlor’s intent. Except to the extent the no-contest clause in the trust is vague or ambiguous, extrinsic evidence is not admissible to establish the settlor’s intent concerning the no-contest clause. The provisions of this subsection do not prohibit such evidence from being admitted for any other purpose authorized by law. Except as otherwise provided in subsections 3 and 4, a beneficiary’s share may be reduced or eliminated under a no-contest clause based upon conduct that is set forth by the settlor in the trust. Such conduct may include, without limitation:

      (a) Conduct other than formal court action; and

      (b) Conduct which is unrelated to the trust itself, including, without limitation:

             (1) The commencement of civil litigation against the settlor’s probate estate or family members;

             (2) Interference with the administration of another trust or a business entity;

             (3) Efforts to frustrate the intent of the settlor’s power of attorney; and

             (4) Efforts to frustrate the designation of beneficiaries related to a nonprobate transfer by the settlor.

      3.  Notwithstanding any provision to the contrary in the trust, a beneficiary’s share must not be reduced or eliminated if the beneficiary seeks only to:

      (a) Enforce the terms of the trust, any document referenced in or affected by the trust, or any other trust-related instrument;

      (b) Enforce the beneficiary’s legal rights related to the trust, any document referenced in or affected by the trust, or any trust-related instrument; or

      (c) Obtain a court ruling with respect to the construction or legal effect of the trust, any document referenced in or affected by the trust, or any other trust-related instrument.

      4.  Notwithstanding any provision to the contrary in the trust, a beneficiary’s share must not be reduced or eliminated under a no-contest clause in a trust because the beneficiary institutes legal action seeking to invalidate a trust, any document referenced in or affected by the trust, or any other trust-related instrument if the legal action is instituted in good faith and based on probable cause that would have led a reasonable person, properly informed and advised, to conclude that the trust, any document referenced in or affected by the trust, or other trust-related instrument is invalid.

      5.  As used in this section:

      (a) “No-contest clause” means one or more provisions in a trust that express a directive to reduce or eliminate the share allocated to a beneficiary or to reduce or eliminate the distributions to be made to a beneficiary if the beneficiary takes action to frustrate or defeat the settlor’s intent as expressed in the trust or in a trust-related instrument.

      (b) “Trust” means the original trust instrument and each amendment made pursuant to the terms of the original trust instrument.

      (c) “Trust-related instrument” means any document purporting to transfer property to or from the trust or any document made pursuant to the terms of the trust purporting to direct the distribution of trust assets or to affect the management of trust assets, including, without limitation, documents that attempt to exercise a power of appointment.

      (Added to NRS by 2009, 1637; A 2011, 1465)

CREATION AND VALIDITY OF TRUSTS

      NRS 163.002  Creation: Methods.  Except as otherwise provided by specific statute, a trust may be created by any of the following methods:

      1.  A declaration by the owner of property that he or she holds the property as trustee.

      2.  A transfer of property by the owner during his or her lifetime to another person as trustee.

      3.  A testamentary transfer of property by the owner to another person as trustee.

      4.  An exercise of a power of appointment in trust.

      5.  An enforceable promise to create a trust.

      (Added to NRS by 1991, 1704; A 2009, 792)

      NRS 163.003  Creation: Requirements.  A trust is created only if:

      1.  The settlor properly manifests an intention to create a trust; and

      2.  There is trust property, except as otherwise provided in NRS 163.230.

      (Added to NRS by 1991, 1704; A 1999, 2367)

      NRS 163.004  Creation: Purpose; terms.

      1.  A trust may be created for any purpose that is not illegal or against public policy.

      2.  Except as otherwise provided by a specific statute, federal law or common law, the terms of a trust instrument may vary the rights and interests of beneficiaries in any manner that is not illegal or against public policy, including, without limitation, specifying:

      (a) The grounds for removing a fiduciary;

      (b) The circumstances, if any, in which the fiduciary must diversify investments; and

      (c) A fiduciary’s powers, duties, standards of care, rights of indemnification and liability to persons whose interests arise from the trust instrument.

      3.  Nothing in this section shall be construed to:

      (a) Authorize the exculpation or indemnification of a fiduciary for the fiduciary’s own willful misconduct or gross negligence; or

      (b) Preclude a court of competent jurisdiction from removing a fiduciary because of the fiduciary’s willful misconduct or gross negligence.

      4.  The rule that statutes in derogation of the common law are to be strictly construed has no application to this section. This section must be liberally construed to give maximum effect to the principle of freedom of disposition and to the enforceability of trust instruments.

      (Added to NRS by 1991, 1704; A 2011, 1466)

      NRS 163.005  Creation: Consideration.  Consideration is not required to create a trust, but a promise to create a trust in the future is enforceable only if it meets the requirements for enforcement as a contract.

      (Added to NRS by 1991, 1705)

      NRS 163.006  Creation: Beneficiary.  A trust, other than a charitable trust, is created only if there is a beneficiary. This requirement is satisfied if the trust instrument provides for:

      1.  A beneficiary or class of beneficiaries that is ascertainable with reasonable certainty or that is sufficiently described so that it can be determined whether a person meets the description or is within the class; or

      2.  A grant of power to the trustee or some other person to select the beneficiary based on a standard or in the discretion of the trustee or other person.

      (Added to NRS by 1991, 1704)

      NRS 163.007  Validity of trust providing for one or more successor beneficiaries.  If a trust provides for one or more successor beneficiaries after the death of the settlor, the trust is not invalidated, merged or terminated because:

      1.  There is one settlor who is the sole trustee and the sole beneficiary during the lifetime of the settlor; or

      2.  There are two or more settlors, one or more of whom are trustees, and the beneficial interest in the trust is in one or more of the settlors during the lifetime of the settlors.

      (Added to NRS by 1991, 1704)

      NRS 163.0075  Validity of trust providing for care of one or more animals.

      1.  A trust created for the care of one or more animals that are alive at the time of the settlor’s death is valid. Such a trust terminates upon the death of all animals covered by the terms of the trust. A settlor’s expression of intent must be liberally construed in favor of the creation of such a trust.

      2.  Except as otherwise provided in this subsection, property of a trust described in subsection 1 may not be used in a manner inconsistent with its intended use. Except as otherwise directed by the terms of the trust, if a court determines that the value of a trust described in subsection 1 exceeds the amount required to care for the animal beneficiary, the excess amount must be distributed to the person who would have taken the trust property if the trust had terminated on the date of the distribution.

      3.  The intended use of a trust described in subsection 1 may be enforced by the trustee or, if a trustee was not designated, by a person appointed by the court to act as the trustee. A person having a demonstrated interest in the welfare of the animal beneficiary may petition the court for an order to appoint himself or herself as trustee or to remove the trustee. The court shall give preference for appointment to a person who demonstrates such an interest.

      (Added to NRS by 2001, 958)

      NRS 163.008  Validity of trust created in relation to real property; recordation.

      1.  A trust created in relation to real property is not valid unless it is created by operation of law or is evidenced by:

      (a) A written instrument signed by the trustee, or by the agent of the trustee if the agent is authorized in writing to do so; or

      (b) A written instrument, including, without limitation, an electronic trust, conveying the trust property and signed by the settlor, or by the agent of the settlor if the agent is authorized in writing to do so.

      2.  Such a trust may be recorded in the office of the county recorder in the county where all or a portion of the real property is located.

      (Added to NRS by 1991, 1704; A 2001, 2350)

      NRS 163.009  Oral trust of personal property.

      1.  The existence and terms of an oral trust of personal property may be established only by clear and convincing evidence. The oral declaration of the settlor, in and of itself, is not sufficient to establish the creation of such a trust.

      2.  A reference in statute to a trust instrument or declaration means, in the case of an oral trust, the terms of the trust as established by clear and convincing evidence.

      (Added to NRS by 1991, 1705)

      NRS 163.0095  Electronic trust.

      1.  An electronic trust is a trust instrument that:

      (a) Is written, created and stored in an electronic record;

      (b) Contains the electronic signature of the settlor; and

      (c) Meets the requirements set forth in this chapter for a valid trust.

      2.  An electronic trust shall be deemed to be executed in this State if the electronic trust is:

      (a) Transmitted to and maintained by a custodian designated in the trust instrument at the custodian’s place of business in this State or at the custodian’s residence in this State; or

      (b) Maintained by the settlor at the settlor’s place of business in this State or at the settlor’s residence in this State, or by the trustee at the trustee’s place of business in this State or at the trustee’s residence in this State.

      3.  The provisions of this section do not apply to a testamentary trust.

      (Added to NRS by 2001, 2350)

TRUSTS (UNIFORM ACT)

      NRS 163.010  Short title.  NRS 163.010 to 163.200, inclusive, may be cited as the Uniform Trusts Act.

      [20:136:1941; 1931 NCL § 7718.49]—(NRS A 1967, 763; 1999, 2367)

      NRS 163.020  Definitions.  As used in NRS 163.010 to 163.200, inclusive, unless the context or subject matter otherwise requires:

      1.  “Affiliate” means any person directly or indirectly controlling or controlled by another person, or any person under direct or indirect common control with another person. It includes any person with whom a trustee has an express or implied agreement regarding the purchase of trust investments by each from the other, directly or indirectly, except a broker or stock exchange.

      2.  “Relative” means a spouse, ancestor, descendant, brother or sister.

      3.  “Trust” means an express trust only.

      4.  “Trustee” means the person holding property in trust and includes trustees, a corporate as well as a natural person and a successor or substitute trustee.

      [1:136:1941; 1931 NCL § 7718.30]—(NRS A 1967, 763; 1985, 510; 1999, 2367)

      NRS 163.023  Powers of trustee.  A trustee has the powers provided in the trust instrument, expressed by law or granted by the court upon petition, as necessary or appropriate to accomplish a purpose of the trust, but the court may not grant a power expressly prohibited by the trust instrument.

      (Added to NRS by 1999, 2366)

      NRS 163.027  Distribution of property or money of trust: Powers of trustee; manner; consent of affected beneficiaries required for distribution without proration under certain circumstances.

      1.  Except as otherwise provided in subsection 2 or in the trust, a trustee may distribute property and money:

      (a) In divided or undivided interests; and

      (b) With or without proration.

      2.  Each affected beneficiary must consent before property or money is distributed without proration, unless the trust specifically authorizes the trustee to make that distribution.

      (Added to NRS by 1999, 2366)

      NRS 163.030  Loan of money held in trust.

      1.  Except as provided in NRS 163.040, no corporate trustee shall lend trust funds to itself or an affiliate, or to any director, officer, or employee of itself or of an affiliate.

      2.  Except as otherwise:

      (a) Provided in a trust instrument and:

             (1) Consented to by all beneficiaries of the trust; or

             (2) Performed in accordance with a notice of a proposed action provided pursuant to NRS 164.725; or

      (b) Approved by a court,

Ê a noncorporate trustee, including a limited-liability company, shall not lend trust funds to itself, himself or herself, or to a relative, employer, employee, partner, member or other business associate.

      [2:136:1941; 1931 NCL § 7718.31]—(NRS A 2009, 792)

      NRS 163.040  Corporate trustee may deposit with self certain money held in trust.

      1.  A corporate trustee which is subject to regulation and supervision by state or federal authorities may deposit with itself trust funds which are being held necessarily pending investment, distribution, or the payment of debts, provided it pays into the trust for the deposit such interest as it is required by statute to pay on uninvested trust funds, or, if there is no statute, the same rate of interest it pays upon similar nontrust deposits, and maintains in its trust department as security for those deposits a separate fund consisting of securities legal for trust investments and at all times equal in total market value to the amount of the deposits. No security may be required to the extent that the deposit is insured or given a preference by any state or federal law.

      2.  The separate fund of securities must be marked as such. Withdrawals from or additions to it may be made from time to time, as long as the required value is maintained. The income of the securities belongs to the corporate trustee. In all statements of its financial condition published, or delivered to the Commissioner of Financial Institutions, the corporate trustee shall show as separate items the amount of trust funds which it has deposited with itself and the amount of securities which it holds as security for the payment of those deposits.

      [3:136:1941; 1931 NCL § 7718.32]—(NRS A 1983, 1697; 1987, 1875)

      NRS 163.050  Trustee buying from or selling to self or affiliate.

      1.  Except as otherwise provided in subsection 2, no trustee may directly or indirectly buy or sell any property for the trust from or to itself or an affiliate, or from or to a director, officer or employee of the trustee or of an affiliate, or from or to a relative, employer, partner or other business associate of a trustee, except with the prior approval of the court having jurisdiction of the trust estate.

      2.  If authorized by the trust instrument or consented to by all beneficiaries of the trust, a trustee may directly or indirectly buy or sell any property for the trust from or to itself or an affiliate, or from or to a director, officer or employee of the trustee or of an affiliate, or from or to a relative, employer, partner or other business associate of the trustee.

      [4:136:1941; 1931 NCL § 7718.33]—(NRS A 1999, 2367; 2003, 2265; 2009, 793)

      NRS 163.060  Trustee selling from one trust to self as trustee of another trust.

      1.  Except as otherwise provided in subsection 2 or authorized by the trust instrument, a trustee shall not as trustee of one trust sell property to itself as trustee of another trust except with the approval of the court having jurisdiction of the trust estate.

      2.  A bank or other corporate trustee which is subject to regulation by state or federal authorities may sell a security which is listed on a regulated stock exchange or sold over the counter by the National Association of Securities Dealers and is held by it as fiduciary in one account to itself as fiduciary in another account if the transaction is fair to the beneficiaries of both accounts and is not otherwise expressly prohibited by a particular statute.

      [5:136:1941; 1931 NCL § 7718.34]—(NRS A 1981, 557; 1999, 2367)

      NRS 163.070  Purchase by corporate trustee of its own stocks, bonds or other securities for trust prohibited unless specifically authorized.  Except as otherwise authorized by the trust instrument or order of the court, a corporate trustee shall not purchase for a trust shares of its own stock, or its bonds or other securities, or the stock, bonds or other securities of an affiliate.

      [6:136:1941; 1931 NCL § 7718.35]—(NRS A 1999, 2367)

      NRS 163.080  Voting stock.  A trustee owning corporate stock may vote it by proxy, but shall be liable for any loss resulting to the beneficiaries from a failure to use reasonable care in deciding how to vote the stock and in voting it.

      [7:136:1941; 1931 NCL § 7718.36]

      NRS 163.090  Holding stock in name of nominee.  A trustee owning stock may hold it in the name of a nominee without mention of the trust in the stock certificate or stock registration books; providing that:

      1.  The trust records and all reports or accounts rendered by the trustee clearly show the ownership of the stock by the trustee and the facts regarding its holding; and

      2.  The nominee shall deposit with the trustee a signed statement showing the trust ownership.

Ê The trustee shall be personally liable for any loss to the trust resulting from any act of such nominee in connection with stock so held.

      [8:136:1941; 1931 NCL § 7718.37]—(NRS A 1961, 471)

      NRS 163.100  Powers of trustee attached to office.  Unless it is otherwise provided by the trust instrument or by court order, all powers of a trustee are attached to the office and are not personal.

      [9:136:1941; 1931 NCL § 7718.38]—(NRS A 1999, 2368)

      NRS 163.110  Powers of cotrustees: Exercisable by majority if more than two cotrustees; liability of dissenting cotrustee; unanimous action required if only two cotrustees; petition of interested person.

      1.  Unless it is otherwise provided by the trust instrument or by court order, any power vested in three or more trustees may be exercised by a majority of the trustees. A trustee who has not joined in exercising a power is not liable to the beneficiaries or to others for the consequences of the exercise of power and a dissenting trustee is not liable for the consequences of an act in which that trustee joined at the direction of the majority trustees, if the trustee expressed his or her dissent in writing to any of his or her cotrustees at or before the time of the joinder.

      2.  This section does not excuse a cotrustee from liability for inactivity in the administration of the trust nor for failure to attempt to prevent a breach of trust.

      3.  Except as otherwise authorized in the trust instrument or by order of the court, a power vested in two trustees may only be exercised by unanimous action.

      4.  If the trustees cannot exercise a power vested in them in a manner permitted by this section, an interested person may petition the court for appropriate instructions pursuant to NRS 164.010 and 164.015.

      [10:136:1941; 1931 NCL § 7718.39]—(NRS A 1999, 2368)

      NRS 163.115  Breach of trust by trustee: Maintenance of proceeding; permissible purposes for maintenance of proceeding; nonexclusivity of remedies; method of commencing proceeding.

      1.  If a trustee commits or threatens to commit a breach of trust, a beneficiary or cotrustee of the trust may maintain a proceeding for any of the following purposes that is appropriate:

      (a) To compel the trustee to perform his or her duties.

      (b) To enjoin the trustee from committing the breach of trust.

      (c) To compel the trustee to redress the breach of trust by payment of money or otherwise.

      (d) To appoint a receiver or temporary trustee to take possession of the trust property and administer the trust.

      (e) To remove the trustee.

      (f) To set aside acts of the trustee.

      (g) To reduce or deny compensation of the trustee.

      (h) To impose an equitable lien or a constructive trust on trust property.

      (i) To trace trust property that has been wrongfully disposed of and recover the property or its proceeds.

      2.  The provision of remedies in subsection 1 does not preclude resort to any other appropriate remedy provided by statute or common law.

      3.  A proceeding under this section must be commenced by filing a petition under NRS 164.010 and 164.015.

      (Added to NRS by 1999, 2365)

      NRS 163.120  Claims based on certain contracts or obligations: Assertion against trust; entry of judgment; notice; intervention; personal liability of trustee; significance of use of certain terms.

      1.  A claim based on a contract entered into by a trustee in the capacity of representative, or on an obligation arising from ownership or control of trust property, may be asserted against the trust by proceeding against the trustee in the capacity of representative, whether or not the trustee is personally liable on the claim.

      2.  A judgment may not be entered in favor of the plaintiff in the action unless the plaintiff proves that within 30 days after filing the action, or within 30 days after the filing of a report of an early case conference if one is required, whichever is longer, or within such other time as the court may fix, and more than 30 days before obtaining the judgment, the plaintiff notified each of the beneficiaries known to the trustee who then had a present interest, or in the case of a charitable trust, the Attorney General and any corporation which is a beneficiary or agency in the performance of the charitable trust, of the existence and nature of the action. The notice must be given by mailing copies to the beneficiaries at their last known addresses. The trustee shall furnish the plaintiff a list of the beneficiaries to be notified, and their addresses, within 10 days after written demand therefor, and notification of the persons on the list constitutes compliance with the duty placed on the plaintiff by this section. Any beneficiary, or in the case of charitable trusts the Attorney General and any corporation which is a beneficiary or agency in the performance of the charitable trust, may intervene in the action and contest the right of the plaintiff to recover.

      3.  Except as otherwise provided in this chapter or in the contract, a trustee is not personally liable on a contract properly entered into in the capacity of representative in the course of administration of the trust unless the trustee fails to reveal the representative capacity or identify the trust in the contract. The addition of the word “trustee” or the words “as trustee” after the signature of a trustee to a contract are prima facie evidence of an intent to exclude the trustee from personal liability.

      [11:136:1941; 1931 NCL § 7718.40]—(NRS A 1999, 2368)

      NRS 163.130  Exoneration or reimbursement of trustee for tort.

      1.  A trustee who has incurred personal liability for a tort committed in the administration of the trust is entitled to exoneration therefor from the trust property if the trustee has not discharged the claim, or to be reimbursed therefor out of trust funds if the trustee has paid the claim, if:

      (a) The tort was a common incident of the kind of business activity in which the trustee was properly engaged for the trust; or

      (b) Although the tort was not a common incident of such activity, neither the trustee nor any officer or employee of the trustee was guilty of personal fault in incurring the liability.

      2.  If a trustee commits a tort which increases the value of the trust property, the trustee shall be entitled to exoneration or reimbursement with respect thereto to the extent of such increase in value, even though the trustee would not otherwise be entitled to exoneration or reimbursement.

      3.  Nothing in this section shall be construed to change the existing law with regard to the liability of trustees of charitable trusts for torts of themselves or their employees.

      [12:136:1941; 1931 NCL § 7718.41]

      NRS 163.140  Commission of tort by trustee or predecessor: Prerequisites to suit and collection from trust property; plaintiff not required to prove certain matters; entry of judgment; notice; intervention; personal liability of trustee; nonalteration of certain existing law.

      1.  If a trustee or the trustee’s predecessor has committed a tort in the course of his or her administration of the trust, the trustee in the capacity of representative may be sued and collection had from the trust property, if the court determines in the action that:

      (a) The tort was a common incident of the kind of business activity in which the trustee or the predecessor was properly engaged for the trust;

      (b) That, although the tort was not a common incident of such activity, neither the trustee nor the predecessor, nor any officer or employee of the trustee or the predecessor, was guilty of personal fault in incurring the liability; or

      (c) That, although the tort did not fall within paragraph (a) or (b), it increased the value of the trust property.

Ê If the tort is within paragraph (a) or (b), collection may be had of the full amount of damage proved, and if the tort is within paragraph (c) above, collection may be had only to the extent of the increase in the value of the trust property.

      2.  In an action against the trustee in the capacity of representative under this section, the plaintiff need not prove that the trustee could have secured reimbursement from the trust fund if the trustee had paid the plaintiff’s claim.

      3.  A judgment may not be entered in favor of the plaintiff in the action unless the plaintiff proves that, within 30 days after filing the action, or within 30 days after the filing of a report of an early case conference if one is required, whichever is longer, or within such other period as the court may fix, and more than 30 days before obtaining the judgment, the plaintiff notified each of the beneficiaries known to the trustee who then had a present interest of the existence and nature of the action. The notice must be given by mailing copies to the beneficiaries at their last known addresses. The trustee shall furnish the plaintiff a list of the beneficiaries and their addresses, within 10 days after written demand therefor, and notification of the persons on the list constitutes compliance with the duty placed on the plaintiff by this section. Any beneficiary may intervene in the action and contest the right of the plaintiff to recover.

      4.  Subject to the rights of exoneration or reimbursement provided in NRS 163.130, the trustee may also be held personally liable for any tort committed by the trustee, or by the trustee’s agents or employees in the course of their employments only if the trustee, agent or employee is personally at fault.

      5.  This section does not change the existing law with regard to the liability of trustees of charitable trusts for torts of themselves or their employees.

      [13:136:1941; 1931 NCL § 7718.42]—(NRS A 1999, 2369)

      NRS 163.145  Using power to appoint or distribute income to discharge own legal obligation prohibited.  Except as otherwise specifically provided in the trust instrument, a person who holds a power to appoint or distribute income or principal to or for the benefit of others, individually or as trustee, may not use the power to discharge his or her legal obligations.

      (Added to NRS by 1999, 2365)

      NRS 163.150  Withdrawal from mingled money of multiple trusts.  Where a person who is a trustee of two or more trusts has mingled the money of two or more trusts in the same aggregate of cash, or in the same bank, credit union or brokerage account or other investment, and a withdrawal is made therefrom by the trustee for his or her own benefit, or for the benefit of a third person not a beneficiary or creditor of one or more of the trusts, or for an unknown purpose, the withdrawal must be charged first to the amount of cash, credit or other property of the trustee in the mingled fund, if any, and after the exhaustion of the trustee’s cash, credit or other property, then to the trusts in proportion to their interests in the cash, credit or other property at the time of the withdrawal.

      [14:136:1941; 1931 NCL § 7718.43]—(NRS A 1999, 1459)

      NRS 163.160  Power of settlor; liability of trustee for breach of trust.

      1.  The settlor of a trust affected by NRS 163.010 to 163.200, inclusive, may, by provision in the instrument creating the trust if the trust was created by a writing, or by oral statement to the trustee at the time of the creation of the trust if the trust was created orally, or by an amendment of the trust if the settlor reserved the power to amend the trust, relieve his or her trustee from any or all of the duties, restrictions and liabilities which would otherwise be imposed upon the trustee by NRS 163.010 to 163.200, inclusive, or alter or deny to his or her trustee any or all of the privileges and powers conferred upon the trustee by NRS 163.010 to 163.200, inclusive, or add duties, restrictions, liabilities, privileges or powers to those imposed or granted by NRS 163.010 to 163.200, inclusive, but no act of the settlor relieves a trustee from the duties, restrictions and liabilities imposed upon the trustee by NRS 163.030, 163.040 and 163.050.

      2.  Except as otherwise provided in subsections 1 and 3, a trustee may be relieved of liability for breach of trust by provisions of the trust instrument.

      3.  A provision of the trust instrument is not effective to relieve a trustee of liability:

      (a) For breach of trust committed intentionally, with gross negligence, in bad faith, or with reckless indifference to the interest of a beneficiary; or

      (b) For any profit that the trustee derives from a breach of trust.

      [15:136:1941; 1931 NCL § 7718.44]—(NRS A 1999, 2370)

      NRS 163.170  Power of beneficiary.  A beneficiary of a trust affected by NRS 163.010 to 163.200, inclusive, may, if of full legal capacity and acting upon full information, by written instrument delivered to the trustee, relieve the trustee as to that beneficiary from any or all of the duties, restrictions and liabilities which would otherwise be imposed on the trustee by NRS 163.010 to 163.200, inclusive, except as to the duties, restrictions and liabilities imposed by NRS 163.030, 163.040 and 163.050. The beneficiary may release the trustee from liability to him or her for past violations of any of the provisions of NRS 163.010 to 163.200, inclusive.

      [16:136:1941; 1931 NCL § 7718.45]—(NRS A 1999, 2370)

      NRS 163.180  Power of court.  A court may, for cause shown and upon notice to the beneficiaries, relieve a trustee from any or all of the duties and restrictions which would otherwise be placed upon the trustee by NRS 163.010 to 163.200, inclusive, or wholly or partly excuse a trustee who has acted honestly and reasonably from liability for violation of the provisions of NRS 163.010 to 163.200, inclusive.

      [17:136:1941; 1931 NCL § 7718.46]—(NRS A 1967, 763; 1999, 2371)

      NRS 163.185  Power of court to order termination and distribution of trust before time provided in trust instrument.  Upon such terms and conditions as are just and proper, the court may order termination and distribution of a trust before the time provided in the trust instrument, if administration or continued administration of the trust is no longer feasible or economical. A petition for such an order may be filed by an interested person under NRS 164.010 and 164.015.

      (Added to NRS by 1999, 2366)

      NRS 163.190  Penalty for violation of certain provisions of chapter.  If a trustee violates any of the provisions of NRS 163.010 to 163.200, inclusive, the trustee may be removed and denied compensation in whole or in part, and any beneficiary, cotrustee or successor trustee may treat the violation as a breach of trust.

      [18:136:1941; 1931 NCL § 7718.47]—(NRS A 1967, 763; 1999, 2371)

      NRS 163.200  Uniformity of interpretation.  NRS 163.010 to 163.200, inclusive, must be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them.

      [19:136:1941; 1931 NCL § 7718.48]—(NRS A 1967, 763; 1999, 2371)

TESTAMENTARY ADDITIONS TO TRUSTS (UNIFORM ACT)

      NRS 163.220  Short title.  This section and NRS 163.230 and 163.250 may be cited as the Uniform Testamentary Additions to Trusts Act.

      (Added to NRS by 1967, 762)

      NRS 163.230  Testamentary addition to trust.

      1.  A devise, the validity of which is determinable by the law of this state, may be made by a will to a trustee or trustees of a trust established or created by the testator, or by the testator and some other person or persons, or by some other person or persons, including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts, if the trust is identified in the testator’s will and the terms are set forth in a written instrument other than a will, executed before or concurrently with the execution of the testator’s will, or in the valid last will of a person who has predeceased the testator, regardless of the existence, size or character of the corpus of the trust.

      2.  The devise is not invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will or after the death of the testator.

      3.  Unless the testator’s will provides otherwise, the property so devised:

      (a) Shall not be deemed to be held under a testamentary trust of the testator but is a part of the trust to which it is given; and

      (b) Must be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before the death of the testator, regardless of whether made before or after the execution of the testator’s will, or any modifications or amendments whenever made, which are made pursuant to the Charitable Trust Act of 1971, and, if the testator’s will so provides, including any amendments to the trust made after the death of the testator.

      4.  A revocation or termination of the trust before the death of the testator causes the devise to lapse.

      (Added to NRS by 1967, 762; A 1971, 634; 1985, 244; 1999, 2371)

      NRS 163.250  Uniformity of interpretation.  This section and NRS 163.220 and 163.230 shall be so construed as to effectuate their general purpose to make uniform the law of those states which enact them.

      (Added to NRS by 1967, 763)

TRUST POWERS WHICH MAY BE INCLUDED IN A WILL OR AGREEMENT BY REFERENCE

      NRS 163.260  Incorporation by reference of powers enumerated in NRS 163.265 to 163.410, inclusive; restriction on exercise of such powers.

      1.  Except as otherwise expressly provided by a testator in a will or by a settlor in a trust instrument, all of the powers enumerated in NRS 163.265 to 163.410, inclusive, as they exist at the time that the testator signs the will or places his or her electronic signature on the will, if it is an electronic will, or at the time that the first settlor signs the trust instrument or places his or her electronic signature on the trust instrument, if it is an electronic trust, must be incorporated in such will or trust instrument as to the fiduciaries appointed under that will or trust with the same effect as though such language were set forth verbatim in the instrument. Incorporation of the powers contained in NRS 163.265 to 163.410, inclusive, must be in addition to and not in limitation of the common-law or statutory powers of the fiduciary.

      2.  A fiduciary shall not have or exercise any power or authority conferred as provided in NRS 163.260 to 163.410, inclusive, in such a manner as, in the aggregate, to deprive the trust or the estate involved of an otherwise available tax exemption, deduction or credit, expressly including the marital deduction, or operate to impose a tax upon a donor or testator or other person as owner of any portion of the trust or estate involved. Notwithstanding any other provision of law, any power purportedly granted to a personal representative or a trustee, either in a will or a trust instrument, is void if having or exercising such power would deprive the will or trust of the intended tax consequences. “Tax” includes, but is not limited to, any federal income, gift, estate, generation skipping transfer or inheritance tax.

      3.  The powers enumerated in NRS 163.265 to 163.410, inclusive, may be incorporated by reference as to any fiduciary appointed in any other kind of instrument or agreement where a fiduciary is appointed.

      4.  As used in this section, “electronic will” has the meaning ascribed to it in NRS 132.119.

      (Added to NRS by 1969, 449; A 2001, 2350; 2009, 793)

      NRS 163.265  Retention of property.  A fiduciary may retain for such time as the fiduciary deems advisable any property, real or personal, which the fiduciary may receive, even though the retention of such property by reason of its character, amount, proportion to the total estate or otherwise would not be appropriate for the fiduciary apart from this provision.

      (Added to NRS by 1969, 449)

      NRS 163.270  Sale, exchange or other disposition of property.

      1.  A fiduciary may:

      (a) Sell, exchange, give options upon, partition or otherwise dispose of any property or interest therein which the fiduciary may hold from time to time, with or without order of court, at public or private sale or otherwise, upon such terms and conditions, including credit, and for such consideration as the fiduciary deems advisable.

      (b) Transfer and convey the property or interest therein which is at the disposal of the fiduciary, in fee simple, absolute or otherwise, free of all trust.

      2.  The person dealing with the fiduciary has no duty to follow the proceeds or other consideration received by the fiduciary from such sale or exchange.

      (Added to NRS by 1969, 449)

      NRS 163.275  Investments; reinvestments; delegation of authority to invest.

      1.  A fiduciary may invest and reinvest, as the fiduciary deems advisable:

      (a) In stocks, common or preferred, bonds, debentures, notes, mortgages or other securities in or outside the United States;

      (b) In insurance contracts on the life of any beneficiary or of any person in whom a beneficiary has an insurable interest, or in annuity contracts for any beneficiary;

      (c) In any real or personal property;

      (d) In investment trusts;

      (e) In participations in common trust funds;

      (f) In securities of any corporation, trust, association or fund:

             (1) Which is engaged, or proposes to engage, in the business of investing, reinvesting, owning, holding or trading in securities;

             (2) Whose assets are invested principally in cash or in securities of other issuers; and

             (3) Which is registered as an investment company with the Securities and Exchange Commission; and

      (g) Generally in such property as the fiduciary deems advisable, even though the investment is not of the character approved by applicable law but for this section.

      2.  A fiduciary may delegate the authority to invest, but the fiduciary is not thereby relieved of any liability that exists in the absence of delegation.

      (Added to NRS by 1969, 450; A 1985, 17; 1999, 2372)

      NRS 163.280  Investments without diversification.  A fiduciary may make investments which cause a greater proportion of the total property held by the fiduciary to be invested in investments of one type or of one company than would be considered appropriate for the fiduciary apart from this section.

      (Added to NRS by 1969, 450)

      NRS 163.285  Continuation of business.

      1.  A fiduciary may, to the extent and upon such terms and conditions and for such periods of time as the fiduciary deems necessary or advisable, continue or participate in the operation of any business or other enterprise, whatever its form of organization, including but not limited to the power to:

      (a) Effect incorporation, dissolution, or other change in the form of the organization of the business or enterprise;

      (b) Dispose of any interest therein or acquire the interest of others therein;

      (c) Contribute thereto or invest therein additional capital or to lend money thereto, in any such case upon such terms and conditions as the fiduciary approves from time to time; or

      (d) Determine whether the liabilities incurred in the conduct of the business are to be chargeable solely to the part of the estate or trust set aside for use in the business or to the estate or trust as a whole; and

      2.  In all cases in which the fiduciary is required to file accounts in any court or in any other public office, it is not necessary to itemize receipts and disbursements and distributions of property but it is sufficient for the fiduciary to show in the account a single figure or consolidation of figures; and the fiduciary may account for money and property received from the business and any payments made to the business in lump sum without itemization.

      (Added to NRS by 1969, 450)

      NRS 163.290  Formation of corporation, limited-liability company or other entity.  A fiduciary may form a corporation, limited-liability company or other entity, and transfer, assign and convey to the corporation, limited-liability company or entity all or any part of the estate or of any trust property in exchange for the stock, securities or obligations of the corporation, limited-liability company or entity, and continue to hold the stock and securities and obligations.

      (Added to NRS by 1969, 450; A 1999, 2372)

      NRS 163.295  Continuation of farming operation.  A fiduciary may continue any farming operation received by the fiduciary pursuant to the will, trust or other instrument and do any and all things deemed advisable by the fiduciary in the management and maintenance of such farm and the production and marketing of crops and dairy, poultry, livestock, orchard and the forest products, including, but not limited to, the following powers:

      1.  To operate the farm with hired labor, tenants or sharecroppers;

      2.  To lease or rent the farm for cash or for a share of the crops;

      3.  To purchase or otherwise acquire farm machinery and equipment and livestock;

      4.  To construct, repair and improve farm buildings of all kinds needed, in the fiduciary’s judgment, for the operation of the farm;

      5.  To make or obtain loans or advances at the prevailing rate or rates of interest for farm purposes such as for production, harvesting or marketing, or for the construction, repair or improvement of farm buildings, or for the purchase of farm machinery, equipment or livestock;

      6.  To employ approved soil conservation practices in order to conserve, improve and maintain the fertility and productivity of the soil;

      7.  To protect, manage and improve the timber and forest on the farm and sell the timber and forest products when it is to the best interest of the estate;

      8.  To ditch, dam and drain damp or wet fields and areas of the farm when and where needed;

      9.  To engage in the production of livestock, poultry or dairy products, and to construct such fences and buildings and plant such pastures and crops as may be necessary to carry on such operations;

      10.  To market the products of the farm; and

      11.  In general, to employ good husbandry in the farming operation.

      (Added to NRS by 1969, 450; A 1999, 2372)

      NRS 163.300  Management of real property.  In the management of real property a fiduciary may:

      1.  Improve, manage, protect and subdivide any real property;

      2.  Dedicate or withdraw from dedication parks, streets, highways or alleys;

      3.  Terminate any subdivision or part thereof;

      4.  Borrow money for the purposes authorized by this section for such periods of time and upon such terms and conditions as to rates, maturities and renewals as the fiduciary deems advisable and mortgage or otherwise encumber any such property or part thereof, whether in possession or reversion;

      5.  Lease any such property or part thereof to commence at the present or in the future, upon such terms and conditions, including options to renew or purchase, and for such period or periods of time as the fiduciary deems advisable although such period or periods may extend beyond the duration of the trust or the administration of the estate involved;

      6.  Make gravel, sand, oil, gas and other mineral leases, contracts, licenses, conveyances or grants of every nature and kind which are lawful in the jurisdiction in which such property lies;

      7.  Manage and improve timber and forests on such property, sell the timber and forest products, and make grants, leases and contracts with respect thereto;

      8.  Modify, renew or extend leases;

      9.  Employ agents to rent and collect rents;

      10.  Create easements and release, convey or assign any right, title or interest with respect to any easement on such property or part thereof;

      11.  Erect, repair or renovate any building or other improvement on such property, and remove or demolish any building or other improvement in whole or in part; and

      12.  Deal with any such property and every part thereof in all other ways and for such other purposes or considerations as it would be lawful for any person owning the same to deal with such property either in the same or in different ways from those specified elsewhere in this section.

      (Added to NRS by 1969, 451)

      NRS 163.305  Payment of taxes and expenses.  A fiduciary may pay taxes, assessments, compensation of the fiduciary, and other expenses incurred in the collection, care, administration and protection of the trust or estate.

      (Added to NRS by 1969, 452)

      NRS 163.310  Receipt of additional property.  A fiduciary may receive additional property from any source and administer such additional property as a portion of the appropriate trust or estate under the management of the fiduciary, but may not be required to receive such property without his or her consent.

      (Added to NRS by 1969, 452)

      NRS 163.315  Dealing with other fiduciaries.  In dealing with one or more fiduciaries, a fiduciary may:

      1.  Sell property, real or personal, to, or exchange property with, the trustee of any trust which the decedent or the settlor or the settlor’s spouse or any child of the settlor has created, for such estates and upon such terms and conditions as to sale price, terms of payment and security as to the fiduciary seem advisable. The fiduciary has no duty to follow the proceeds of any such sale.

      2.  Borrow money for such periods of time and upon such terms and conditions as to rates, maturities, renewals and securities as the fiduciary deems available from any trust created by the decedent, or the spouse or child of the decedent, for the purpose of:

      (a) Paying debts of the decedent, taxes, the costs of the administration of the estate and like charges against the estate, or any part thereof; or

      (b) Discharging the liability of any fiduciary thereof. A fiduciary may mortgage, pledge or otherwise encumber such portion of the estate or any trust as may be required to obtain the loan or loans and to renew the loans.

      (Added to NRS by 1969, 452; A 1999, 2373)

      NRS 163.320  Borrowing money; renewing existing loans.  A fiduciary may:

      1.  Borrow money for such periods of time and upon such terms and conditions as to rates, maturities, renewals and security as the fiduciary deems advisable, including the power of a corporate fiduciary to borrow from its own banking department, for the purpose of paying debts, taxes or other charges against the estate or any trust, or any part thereof;

      2.  Provide a guarantee by the trust or mortgage, pledge or otherwise encumber such portion of the estate or any trust as may be required to obtain loan or loans; and

      3.  Renew existing loans either as maker or endorser.

      (Added to NRS by 1969, 452; A 1999, 2373)

      NRS 163.325  Advancing money.  A fiduciary may advance money for the protection of the trust or estate, and for all expenses, losses and liabilities sustained in the administration of the trust or estate or because of the holding or ownership of any trust or estate assets, for which advances with any interest the fiduciary shall have a lien on the assets of the trust or estate as against a beneficiary.

      (Added to NRS by 1969, 452)

      NRS 163.330  Voting shares.  A fiduciary may vote shares of stock owned by the estate or any trust at stockholders’ meetings in person or by special, limited or general proxy, with or without power of substitution.

      (Added to NRS by 1969, 452; A 1975, 446)

      NRS 163.335  Registration in name of nominee.  A fiduciary may hold a security in the name of a nominee or in other form without disclosure of the fiduciary relationship so that title to the security may pass by delivery, but the fiduciary shall be liable for any act of the nominee in connection with the stock so held.

      (Added to NRS by 1969, 452)

      NRS 163.340  Exercise of options, rights and privileges.  A fiduciary may:

      1.  Exercise all options, rights and privileges to convert stocks, bonds, debentures, notes, mortgages or other property into other stocks, bonds, debentures, notes, mortgages or other property;

      2.  Subscribe for other or additional stocks, bonds, debentures, notes, mortgages or other property; and

      3.  Hold such stocks, bonds, debentures, notes, mortgages or other property so acquired as investments of the estate or trust so long as the fiduciary deems advisable.

      (Added to NRS by 1969, 453)

      NRS 163.345  Participation in reorganization.  A fiduciary may:

      1.  Unite with other owners of property similar to any which may be held at any time in the decedent’s estate or in any trusts in carrying out any plan for the consolidation or merger, dissolution or liquidation, foreclosure, lease or sale of the property, incorporation or reincorporation, reorganization or readjustment of the capital or financial structure of any corporation, company or association the securities of which may form any portion of an estate or trust;

      2.  Become and serve as a member of a stockholders or bondholders protective committee;

      3.  Deposit securities in accordance with any plan agreed upon;

      4.  Pay any assessments, expenses or sums of money that may be required for the protection or furtherance of the interest of the distributees of an estate or beneficiaries of any trust with reference to any such plan; and

      5.  Receive as investments of any estate or any trust any securities issued as a result of the execution of such plan.

      (Added to NRS by 1969, 453)

      NRS 163.350  Reduction of interest rate.  A fiduciary may reduce the interest rate from time to time on any obligation, whether secured or unsecured, constituting a part of an estate or trust.

      (Added to NRS by 1969, 453)

      NRS 163.355  Continuation of obligation.  A fiduciary may continue any obligation, whether secured or unsecured, upon and after maturity with or without renewal or extension upon such terms as the fiduciary deems advisable, without regard to the value of the security, if any, at the time of such continuance.

      (Added to NRS by 1969, 453)

      NRS 163.360  Foreclosure; bidding in property.  A fiduciary may:

      1.  Foreclose, as an incident to the collection of any bond, note or other obligation, any mortgage, deed of trust or other lien securing such bond, note or other obligation;

      2.  Bid in the property at such foreclosure sale, or acquire the property by deed from the mortgagor or obligor without foreclosure; and

      3.  Retain the property so bid in or taken over without foreclosure.

      (Added to NRS by 1969, 453)

      NRS 163.365  Insurance.  A fiduciary may carry such insurance coverage, including public liability, for such hazards and in such amounts, either in stock companies or in mutual companies, as the fiduciary deems advisable.

      (Added to NRS by 1969, 453)

      NRS 163.370  Collections.  A fiduciary may collect, receive and receipt for rents, issues, profits and income of an estate or trust.

      (Added to NRS by 1969, 453)

      NRS 163.375  Litigation, compromise or abandonment of claim.  A fiduciary may compromise, adjust, arbitrate, sue on or defend, abandon or otherwise deal with and settle claims in favor of or against the estate or trust as the fiduciary deems advisable, and the fiduciary’s decision shall be conclusive between the fiduciary and the beneficiaries of the estate or trust and the person against or for whom the claim is asserted, in the absence of fraud by such person, and, in the absence of fraud, bad faith or gross negligence of the fiduciary, shall be conclusive between the fiduciary and the beneficiaries of the estate or trust.

      (Added to NRS by 1969, 453)

      NRS 163.380  Employment and compensation of persons.  A fiduciary may employ and compensate, out of income or principal or both and in such proportion as the fiduciary deems advisable, persons deemed by the fiduciary needful to advise or assist in the proper settlement of the estate or administration of any trust, including, but not limited to, agents, accountants, brokers, attorneys at law, attorneys-in-fact, investment brokers, rental agents, realtors, appraisers and tax specialists; and do so without liability for any neglect, omission, misconduct or default of such agent or representative if he or she was selected and retained with due care on the part of the fiduciary.

      (Added to NRS by 1969, 454)

      NRS 163.385  Acquisition and holding of property of two or more trusts undivided.

      1.  A fiduciary may:

      (a) Acquire, receive, hold and retain the principal of several trusts created by a single instrument undivided until division becomes necessary in order to make distributions.

      (b) Hold, manage, invest, reinvest and account for the several shares or parts of shares by appropriate entries in the fiduciary’s books of account, and allocate to each share or part of share its proportionate part of all receipts and expenses.

      2.  The provisions of this section shall not defer the vesting in possession of any share or part of share of the estate or trust.

      (Added to NRS by 1969, 454)

      NRS 163.390  Establishment and maintenance of reserves.

      1.  A fiduciary may:

      (a) Set up proper and reasonable reserves for taxes, assessments, insurance premiums, depreciation, obsolescence, amortization, depletion of mineral or timber properties, repairs, improvements and general maintenance of buildings or other property out of rents, profits or other income received; and

      (b) Set up reserves also for the equalization of payments to or for beneficiaries.

      2.  The provisions of this section shall not affect the ultimate interests of beneficiaries in such reserves.

      (Added to NRS by 1969, 454)

      NRS 163.395  Distribution in cash or kind.

      1.  A fiduciary may:

      (a) Make distribution of capital assets of the estate or trust in kind or in cash, or partially in kind and partially in cash, in divided or undivided interests, as the fiduciary finds to be most practicable and for the best interests of the distributees; and

      (b) Determine the value of capital assets for the purpose of making distribution thereof if and when there is more than one distributee thereof, which determination shall be binding upon the distributees unless clearly capricious, erroneous and inequitable.

      2.  The fiduciary shall not exercise any power under this section unless the fiduciary holds title to or an interest in the property to be distributed and is required or authorized to make distribution thereof.

      (Added to NRS by 1969, 454)

      NRS 163.400  Payment to or for minor or incapacitated person.  A fiduciary may:

      1.  Make payments in money, or in property in lieu of money, to or for a minor or incapacitated person in any one or more of the following ways:

      (a) Directly to the minor or incapacitated person.

      (b) To apply directly in payment for the support, maintenance, education and medical, surgical, hospital or other institutional care of the minor or incapacitated person.

      (c) To the legal or natural guardian of the minor or incapacitated person.

      (d) To any other person, whether or not appointed guardian of the person by any court, who has, in fact, the care and custody of the person of the minor or incapacitated person.

      2.  The fiduciary has no duty to see to the application of the payments so made, if the fiduciary exercised due care in the selection of the person, including the minor or incapacitated person, to whom the payments were made, and the receipt of that person is full acquittance to the fiduciary.

      (Added to NRS by 1969, 454; A 1999, 2373)

      NRS 163.405  Apportionment or allocation of receipts and expenses.  A fiduciary may determine:

      1.  What is principal and what is income of any estate or trust and may allocate or apportion receipts and expenses as between principal and income in the exercise of the fiduciary’s discretion, and, by way of illustration and no limitation of the fiduciary’s discretion, may charge premiums on securities purchased at a premium against principal or income or partly against each.

      2.  Whether to apply stock dividends and other noncash dividends to income or principal or apportion them as the fiduciary deems advisable.

      3.  What expenses, costs, taxes (other than estate, inheritance and succession taxes) and other governmental charges shall be charged against principal or income or apportioned between principal and income and in what proportions.

      (Added to NRS by 1969, 455)

      NRS 163.410  Execution of contract or other instrument.  A fiduciary may make contracts and execute instruments, under seal or otherwise, as may be necessary in the exercise of the powers herein granted.

      (Added to NRS by 1969, 455)

CONTROL OF TRUSTS

      NRS 163.414  Definitions.  As used in NRS 163.414 to 163.419, inclusive, unless the context otherwise requires, the words and terms defined in NRS 163.4145 to 163.4165, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2009, 785)

      NRS 163.4145  “Beneficial interest” defined.  “Beneficial interest” means a distribution interest or a remainder interest, but does not include a power of appointment or a power reserved by the settlor.

      (Added to NRS by 2009, 785)

      NRS 163.4147  “Beneficiary” defined.  “Beneficiary” means a person that has a present or future beneficial interest in a trust, vested or contingent, but does not include the holder of a power of appointment.

      (Added to NRS by 2009, 785)

      NRS 163.415  “Distribution beneficiary” defined.  “Distribution beneficiary” means a beneficiary who is eligible or permitted to receive trust income or principal.

      (Added to NRS by 2009, 785)

      NRS 163.4155  “Distribution interest” defined.  “Distribution interest” means a present or future interest in trust income or principal, which may be a mandatory, support or discretionary interest, held by a distribution beneficiary.

      (Added to NRS by 2009, 785)

      NRS 163.4157  “Power of appointment” defined.  “Power of appointment” means an inter vivos or testamentary power, held by a person other than the settlor, to direct the disposition of trust property, other than a distribution decision by a trustee to a beneficiary.

      (Added to NRS by 2009, 785)

      NRS 163.416  “Remainder interest” defined.  “Remainder interest” means an interest where a trust beneficiary will receive the property from a trust outright at some time in the future.

      (Added to NRS by 2009, 785)

      NRS 163.4165  “Reserved power” defined.  “Reserved power” means a power concerning a trust held by the settlor.

      (Added to NRS by 2009, 785)

      NRS 163.4167  Common law.  The provisions of NRS 163.414 to 163.419, inclusive, do not abrogate or limit any principle or rule of the common law, unless the common law principle or rule is inconsistent with the provisions of NRS 163.414 to 163.419, inclusive.

      (Added to NRS by 2009, 785)

      NRS 163.417  Limitations on actions of creditors and courts: Trust property not subject to trustee’s personal obligations; beneficial interests may not be transferred under certain circumstances.

      1.  A creditor may not exercise, and a court may not order the exercise of:

      (a) A power of appointment or any other power concerning a trust that is held by a beneficiary;

      (b) Any power listed in NRS 163.5553 that is held by a trust protector as defined in NRS 163.5547 or any other person;

      (c) A trustee’s discretion to:

             (1) Distribute any discretionary interest;

             (2) Distribute any mandatory interest which is past due directly to a creditor; or

             (3) Take any other authorized action in a specific way; or

      (d) A power to distribute a beneficial interest of a trustee solely because the beneficiary is a trustee.

      2.  Trust property is not subject to the personal obligations of the trustee, even if the trustee is insolvent or bankrupt.

      3.  A settlor may provide in the terms of the trust instrument that a beneficiary’s beneficial interest may not be transferred, voluntarily or involuntarily, before the trustee has delivered the interest to the beneficiary.

      (Added to NRS by 2009, 785)

      NRS 163.4175  Trustee not required to consider certain factors with regard to distribution of trust assets.  Except as otherwise provided in the trust instrument, the trustee is not required to consider a beneficiary’s assets or resources in determining whether to make a distribution of trust assets.

      (Added to NRS by 2009, 786)

      NRS 163.4177  Factors which must not be considered exercising improper dominion or control over trust.  If a party asserts that a beneficiary or settlor is exercising improper dominion or control over a trust, the following factors, alone or in combination, must not be considered exercising improper dominion or control over a trust:

      1.  A beneficiary is serving as a trustee.

      2.  The settlor or beneficiary holds unrestricted power to remove or replace a trustee.

      3.  The settlor or beneficiary is a trust administrator, general partner of a partnership, manager of a limited-liability company, officer of a corporation or any other manager of any other type of entity and all or part of the trust property consists of an interest in the entity.

      4.  The trustee is a person related by blood, adoption or marriage to the settlor or beneficiary.

      5.  The trustee is the settlor or beneficiary’s agent, accountant, attorney, financial adviser or friend.

      6.  The trustee is a business associate of the settlor or beneficiary.

      (Added to NRS by 2009, 786)

      NRS 163.418  Clear and convincing evidence required to find settlor to be alter ego of trustee of irrevocable trust; certain factors insufficient for finding that settlor controls or is alter ego of trustee of irrevocable trust.  Absent clear and convincing evidence, a settlor of an irrevocable trust shall not be deemed to be the alter ego of a trustee of an irrevocable trust. If a party asserts that a settlor of an irrevocable trust is the alter ego of a trustee of the trust, the following factors, alone or in combination, are not sufficient evidence for a court to find that the settlor controls or is the alter ego of a trustee:

      1.  The settlor has signed checks, made disbursements or executed other documents related to the trust as the trustee and the settlor is not a trustee, if the settlor has done so in isolated incidents.

      2.  The settlor has made requests for distributions on behalf of a beneficiary.

      3.  The settlor has made requests for the trustee to hold, purchase or sell any trust property.

      4.  The settlor has engaged in any one of the activities, alone or in combination, listed in NRS 163.4177.

      (Added to NRS by 2009, 786)

      NRS 163.4185  Classifications of distribution interests.

      1.  A distribution interest may be classified as:

      (a) A mandatory interest if the trustee has no discretion to determine whether a distribution should be made, when a distribution should be made or the amount of the distribution.

      (b) A support interest if the distribution of a support interest contains a standard for distribution for the support of a person which may be interpreted by the trustee or a court, as necessary. A provision in a trust which provides a support interest may contain mandatory language which a trustee must follow.

      (c) A discretionary interest if the trustee has discretion to determine whether a distribution should be made, when a distribution should be made and the amount of the distribution.

      2.  If a trust contains a combination of a mandatory interest, a support interest or a discretionary interest, the trust must be separated as:

      (a) A mandatory interest only to the extent of the mandatory language provided in the trust;

      (b) A support interest only to the extent of the support language provided in the trust; and

      (c) A discretionary interest for any remaining trust property.

      3.  If a trust provides for a support interest that also includes mandatory language but the mandatory language is qualified by discretionary language, the support interest must be classified and separated as a discretionary interest.

      (Added to NRS by 2009, 786)

      NRS 163.4187  Support interest: Beneficiary has enforceable right to distribution; court review.

      1.  A beneficiary of a support interest has an enforceable right to distribution thereof and may petition a court for review of the distribution.

      2.  A court may review a trustee’s decision to distribute a support interest for unreasonableness, dishonesty, improper motivation or failure to act.

      (Added to NRS by 2009, 787)

      NRS 163.419  Discretionary interest: Court review; trustee’s powers and duties.

      1.  A court may review a trustee’s exercise of discretion concerning a discretionary interest only if the trustee acts dishonestly, with improper motive or fails to act.

      2.  A trustee given discretion in a trust instrument that is described as sole, absolute, uncontrolled, unrestricted or unfettered discretion, or with similar words, has no duty to act reasonably in the exercise of that discretion.

      3.  Absent express language in a trust to the contrary, if a discretionary interest permits unequal distributions between beneficiaries or to the exclusion of other beneficiaries, the trustee may distribute all of the undistributed income and principal to one beneficiary in the trustee’s discretion.

      4.  Regardless of whether a beneficiary has an outstanding creditor, a trustee of a discretionary interest may directly pay any expense on the beneficiary’s behalf and may exhaust the income and principal of the trust for the benefit of such beneficiary.

      (Added to NRS by 2009, 787)

CHARITABLE TRUSTS

      NRS 163.420  Short title.  NRS 163.420 to 163.550, inclusive, shall be known as the Charitable Trust Act of 1971.

      (Added to NRS by 1971, 632)

      NRS 163.430  Declaration of policy.  The legislature hereby declares that the policy of the State is to maximize the funds available for charitable purposes by minimizing, to the greatest extent practicable, the imposition of federal income and excise taxes upon trust assets otherwise available for charitable purposes.

      (Added to NRS by 1971, 632)

      NRS 163.440  References to Internal Revenue Code.  As used in NRS 163.420 to 163.550, inclusive, unless otherwise indicated, section references are to the Internal Revenue Code of 1986, as in effect on January 1, 1999, and include future amendments to such sections and corresponding provisions of future federal internal revenue laws.

      (Added to NRS by 1971, 632; A 1999, 2374)

      NRS 163.450  Definitions.  As used in NRS 163.420 to 163.550, inclusive, unless the context otherwise requires, the words and terms defined in NRS 163.460 to 163.500, inclusive, have the meanings ascribed to them in NRS 163.460 to 163.500, inclusive.

      (Added to NRS by 1971, 632)

      NRS 163.460  “Charitable trust” defined.  “Charitable trust” means an organization described in Section 4947(a)(1).

      (Added to NRS by 1971, 633)

      NRS 163.470  “Private foundation trust” defined.  “Private foundation trust” means a trust as defined in Section 509(a), including a trust described in Section 4947(a)(1).

      (Added to NRS by 1971, 633)

      NRS 163.480  “Split interest trust” defined.  “Split interest trust” means a trust for individual and charitable beneficiaries as defined in and subject to the provisions of Section 4947(a)(2).

      (Added to NRS by 1971, 633)

      NRS 163.490  “Trust” defined.  “Trust” means an express trust created by a trust instrument, including a last will and testament.

      (Added to NRS by 1971, 633)

      NRS 163.500  “Trustee” defined.  “Trustee” means a trustee, trustees, person or persons possessing a power or powers referred to in NRS 163.420 to 163.550, inclusive.

      (Added to NRS by 1971, 633)

      NRS 163.510  Applicability.  The provisions of NRS 163.420 to 163.550, inclusive, which are applicable to any of the trusts defined in NRS 163.460 to 163.500, inclusive, apply to all trusts, whether they were created before, on or after April 17, 1971.

      (Added to NRS by 1971, 633)

      NRS 163.520  Prohibited acts.

      1.  In the administration of any private foundation trust, split interest trust or charitable trust which is subject to the provisions of the Internal Revenue Code of 1986, as in effect on January 1, 1999, the following acts are prohibited:

      (a) Engaging in any act or “self-dealing,” as defined in Section 4941(d), which would give rise to any liability for the tax imposed by Section 4941(a);

      (b) Retaining any “excess business holdings,” as defined in Section 4943(c), which would give rise to any liability for the tax imposed by Section 4943(a);

      (c) Making any investments which would jeopardize the carrying out of any of the exempt purposes of the trust within the meaning of Section 4944, so as to give rise to any liability for the tax imposed by Section 4944(a); and

      (d) Making any “taxable expenditures,” as defined in Section 4945(d), which would give rise to any liability for the tax imposed by Section 4945(a).

      2.  This section does not apply to those split interest trusts or amounts of such split interest trusts which are not subject to the prohibitions applicable to private foundations by reason of the provisions of Section 4947.

      (Added to NRS by 1971, 633; A 1999, 2374)

      NRS 163.530  Minimum distribution required.  In the administration of any trust which is a private foundation trust or a charitable trust, there shall be distributed for the purposes specified in the trust instrument, for each taxable year, amounts at least sufficient to avoid liability for the tax imposed by Section 4942(a).

      (Added to NRS by 1971, 633)

      NRS 163.540  Amendment of trust instrument: Procedure.

      1.  A court of this state having jurisdiction over any trust to which NRS 163.420 to 163.550, inclusive, apply may amend any trust instrument to conform to the provisions of NRS 163.420 to 163.550, inclusive.

      2.  Any such amendment must be effected by the trustee filing a petition with the court. The clerk of the court shall set a date for the hearing of the petition, and the trustee shall cause notice of the hearing of the petition to be:

      (a) Personally served on the settlor or settlors of the trust, if living, and on all named beneficiaries of the trust, if any, for the period and in the manner provided in NRS 155.010;

      (b) Published on three dates of publication before the hearing, and if the newspaper is published more than once each week, there must be at least 10 days from the first to last date of publication, including both the first and the last days; and

      (c) Delivered, together with a copy of the petition, to the Attorney General of the State of Nevada at the time of the filing of the petition.

      3.  At the hearing of the petition, the court may authorize the trustee to amend, revise, delete or add provisions to the trust instrument to conform to NRS 163.420 to 163.550, inclusive, to avoid the penalties and liabilities described in Sections 4941(a), 4942(a), 4943(a), 4944(a) and 4945(a), but if the settlor or settlors of the trust are living and competent to act, written consent of the settlor or settlors must first be obtained.

      (Added to NRS by 1971, 633; A 1999, 2374)

      NRS 163.550  Amendment of trust instrument: Provision for termination of status as private foundation.  In addition to amending, revising, deleting or adding provisions to the articles of the trust to conform to the sections set out in subsection 3 of NRS 163.540, the petition may include a request, and the court or judge may authorize any modifications, revisions, deletions or additions to the term, or to the conditions and provisions of the articles of any trust subject to the jurisdiction of the court, for the trust to conform with the requirements for termination of private foundation status as provided in Section 507, or in order to avoid the tax provided in Section 507(c).

      (Added to NRS by 1971, 634)

DIRECTED TRUSTS

      NRS 163.553  Definitions.  As used in NRS 163.553 to 163.556, inclusive, unless the context otherwise requires, the words and terms defined in NRS 163.5533 to 163.5547, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2009, 787)

      NRS 163.5533  “Custodial account” defined.  “Custodial account” means an account:

      1.  Established by a person with a bank, as defined in 26 U.S.C. § 408(n), or with a person approved by the Internal Revenue Service as satisfying the requirements to be a nonbank trustee or nonbank passive trustee pursuant to regulations established by the United States Treasury pursuant to 26 U.S.C. § 408; and

      2.  Governed by an instrument concerning the establishment or maintenance of an individual retirement account, qualified retirement plan, an Archer medical savings account, health savings account, a Coverdell education savings account or any similar retirement or savings account permitted under the Internal Revenue Code of 1986.

      (Added to NRS by 2009, 787)

      NRS 163.5535  “Custodial account owner” defined.  “Custodial account owner” means any person who:

      1.  Establishes a custodial account;

      2.  Has the power to designate the beneficiaries or appoint the custodian of the custodial account;

      3.  Has the power to direct the investment, disposition or retention of any assets in the custodial account; or

      4.  Can name an authorized designee to perform the actions described in subsection 3.

      (Added to NRS by 2009, 787)

      NRS 163.5537  “Distribution trust adviser” defined.  “Distribution trust adviser” means a fiduciary given authority by an instrument to exercise any or all powers and discretion set forth in NRS 163.5557.

      (Added to NRS by 2009, 788)

      NRS 163.5539  “Excluded fiduciary” defined.  “Excluded fiduciary” means any fiduciary excluded from exercising certain powers under the instrument and those powers may be exercised by the settlor, custodial account owner, investment trust adviser, trust protector, trust committee or other person designated in the instrument.

      (Added to NRS by 2009, 788)

      NRS 163.554  “Fiduciary” defined.  “Fiduciary” means a trustee or custodian under any instrument, or an executor, administrator or personal representative of a decedent’s estate or any other person, including an investment trust adviser, trust protector or a trust committee which is acting in a fiduciary capacity for any person, trust or estate.

      (Added to NRS by 2009, 788)

      NRS 163.5541  “Instrument” defined.  “Instrument” means any revocable or irrevocable trust instrument created inter vivos or testamentary or any custodial account agreement.

      (Added to NRS by 2009, 788)

      NRS 163.5543  “Investment trust adviser” defined.  “Investment trust adviser” means a fiduciary given authority by the instrument to exercise any or all of the powers and discretion set forth in NRS 163.5557.

      (Added to NRS by 2009, 788)

      NRS 163.5545  “Trust adviser” defined.  “Trust adviser” means a distribution trust adviser or investment trust adviser.

      (Added to NRS by 2009, 788)

      NRS 163.5547  “Trust protector” defined.  “Trust protector” means any person whose appointment is provided for in the instrument.

      (Added to NRS by 2009, 788)

      NRS 163.5549  Limitations on liability of excluded fiduciary.

      1.  An excluded fiduciary is not liable, individually or as a fiduciary for any loss which results from:

      (a) Complying with a direction of a trust adviser, custodial account owner or authorized designee of a custodial account owner;

      (b) A failure to take any action proposed by an excluded fiduciary which requires prior authorization of the trust adviser if the excluded fiduciary timely sought but failed to obtain such authorization; or

      (c) Any action taken at the direction of a trust protector.

      2.  An excluded fiduciary is not liable for any obligation to perform an investment or suitability review, inquiry or investigation or to make any recommendation or evaluation with respect to any investment, to the extent that the trust adviser, custodial account owner or authorized designee of a custodial account owner had authority to direct the acquisition, disposition or retention of such investment.

      3.  The provisions of this section do not impose an obligation or liability on a custodian of a custodial account for providing any authorization.

      (Added to NRS by 2009, 788)

      NRS 163.555  Action authorized upon incapacity or death of settlor.  If the instrument provides, an excluded fiduciary may continue to follow the direction of a trust adviser upon the incapacity or death of the settlor of the trust.

      (Added to NRS by 2009, 788)

      NRS 163.5551  Circumstances in which trust advisers are considered fiduciaries.  If one or more trust advisers are given authority, by the terms of an instrument, to direct, consent to or disapprove a fiduciary’s investment decisions, the investment trust advisers shall be considered fiduciaries when exercising that authority unless the instrument provides otherwise.

      (Added to NRS by 2009, 788)

      NRS 163.5553  Powers of trust protector.

      1.  A trust protector may exercise the powers provided to the trust protector in the instrument in the best interests of the trust. The powers exercised by a trust protector are at the sole discretion of the trust protector and are binding on all other persons. The powers granted to a trust protector may include, without limitation, the power to:

      (a) Modify or amend the instrument to achieve a more favorable tax status or to respond to changes in federal or state law.

      (b) Modify or amend the instrument to take advantage of changes in the rule against perpetuities, restraints on alienation or other state laws restricting the terms of a trust, the distribution of trust property or the administration of the trust.

      (c) Increase or decrease the interests of any beneficiary under the trust.

      (d) Modify the terms of any power of appointment granted by the trust. A modification or amendment may not grant a beneficial interest to a person which was not specifically provided for under the trust instrument.

      (e) Remove and appoint a trustee, trust adviser, investment committee member or distribution committee member.

      (f) Terminate the trust.

      (g) Direct or veto trust distributions.

      (h) Change the location or governing law of the trust.

      (i) Appoint a successor trust protector or trust adviser.

      (j) Interpret terms of the instrument at the request of the trustee.

      (k) Advise the trustee on matters concerning a beneficiary.

      (l) Review and approve a trustee’s reports or accounting.

      2.  The powers provided pursuant to subsection 1 may be incorporated by reference to this section at the time a testator executes a will or a settlor signs a trust instrument. The powers provided pursuant to subsection 1 may be incorporated in whole or in part.

      (Added to NRS by 2009, 788)

      NRS 163.5555  Trust protector and trust adviser: Submission to jurisdiction of courts of this State.  If a person accepts an appointment to serve as a trust protector or a trust adviser of a trust subject to the laws of this State, the person submits to the jurisdiction of the courts of this State, regardless of any term to the contrary in an agreement or instrument. A trust protector or a trust adviser may be made a party to an action or proceeding arising out of a decision or action of the trust protector or trust adviser.

      (Added to NRS by 2009, 789)

      NRS 163.5557  Powers of investment trust adviser and distribution trust adviser.

      1.  An instrument may provide for the appointment of a person to act as an investment trust adviser or a distribution trust adviser with regard to investment decisions or discretionary distributions.

      2.  An investment trust adviser may exercise the powers provided to the investment trust adviser in the instrument in the best interests of the trust. The powers exercised by an investment trust adviser are at the sole discretion of the investment trust adviser and are binding on all other persons. The powers granted to an investment trust adviser may include, without limitation, the power to:

      (a) Direct the trustee with respect to the retention, purchase, sale or encumbrance of trust property and the investment and reinvestment of principal and income of the trust.

      (b) Vote proxies for securities held in trust.

      (c) Select one or more investment advisers, managers or counselors, including the trustee, and delegate to such persons any of the powers of the investment trust adviser.

      3.  A distribution trust adviser may exercise the powers provided to the distribution trust adviser in the instrument in the best interests of the trust. The powers exercised by a distribution trust adviser are at the sole discretion of the distribution trust adviser and are binding on all other persons. Except as otherwise provided in the instrument, the distribution trust adviser shall direct the trustee with regard to all discretionary distributions to a beneficiary.

      (Added to NRS by 2009, 789)

      NRS 163.5559  Claims of creditors against settlor.

      1.  Except as otherwise provided in subsection 2, a creditor of a settlor may not seek to satisfy a claim against the settlor from the assets of a trust if the settlor’s sole interest in the trust is the existence of a discretionary power granted to a person other than the settlor by the terms of the trust or by operation of law or to reimburse the settlor for any tax on trust income or principal which is payable by the settlor under the law imposing such tax.

      2.  The provisions of subsection 1 do not apply to trust property transferred by the settlor to the extent a creditor can prove the transfer was fraudulent pursuant to chapter 112 of NRS or was otherwise wrongful as to that creditor.

      3.  For purposes of this section, a beneficiary of a trust shall be deemed to not be a settlor of a trust because of a lapse, waiver or release of the beneficiary’s right to withdraw part or all of the trust property if the value of the property which could have been withdrawn by exercising the right of withdrawal in any calendar year does not, at the time of the lapse, waiver or release, exceed the greater of the amount provided in 26 U.S.C. § 2041(b)(2), 26 U.S.C. § 2503(b) or 26 U.S.C. § 2514(e), as amended, or any successor provision.

      (Added to NRS by 2009, 790)

      NRS 163.556  Circumstances under which trustee is authorized to appoint property of one testamentary trust or irrevocable trust to another trust.

      1.  Unless the terms of a testamentary instrument or irrevocable trust provide otherwise, a trustee with discretion or authority to distribute trust income or principal to or for a beneficiary of the trust may exercise such discretion or authority by appointing the property subject to such discretion or authority in favor of a second trust for the benefit of one or more of those beneficiaries.

      2.  Notwithstanding subsection 1, a trustee may not appoint property of the original trust to a second trust if:

      (a) The second trust includes a beneficiary who is not a beneficiary of the original trust. For purposes of this paragraph, a permissible appointee of a power of appointment exercised by a beneficiary of the second trust is not considered a beneficiary of the second trust.

      (b) Appointing the property will reduce any current fixed income interest, annuity interest or unitrust interest of a beneficiary of the original trust. As used in this paragraph, “unitrust” has the meaning ascribed to it in NRS 164.700.

      (c) A contribution made to the original trust qualified for a marital or charitable deduction for federal or state income, gift or estate taxes or qualified for a gift tax exclusion for federal or state tax purposes and the terms of the second trust include a provision which if included in the original trust would prevent the original trust from qualifying for the tax deduction or exclusion.

      (d) The property to be appointed is subject to a power of withdrawal which is held by a beneficiary of the original trust and may be executed at the time of the proposed appointment, unless after the exercise of such appointment, the beneficiary of the original trust’s power of withdrawal is unchanged with respect to the trust property.

      (e) Property specifically allocated for one beneficiary of the original trust is no longer allocated for that beneficiary under either or both trusts, unless the beneficiary consents in writing.

      (f) Property held for the benefit of one or more beneficiaries under both the original and the second trust has a lower value than the value of the property held for the benefit of the same beneficiaries under only the original trust, unless:

             (1) The benefit provided is limited to a specific amount or periodic payments of a specific amount; and

             (2) The value of the property held in either or both trusts for the benefit of one or more beneficiaries is actuarially adequate to provide the benefit.

      (g) Under the second trust:

             (1) Discretionary distributions may be made by the trustee to a beneficiary or group of beneficiaries of the original trust;

             (2) Distributions are not limited by an ascertainable standard; and

             (3) A beneficiary or group of beneficiaries has the power to remove and replace the trustee of the second trust with a beneficiary of the second trust or with a trustee that is related to or subordinate to a beneficiary of the second trust.

      (h) A contribution made to the original trust qualified for a gift tax exclusion as described in section 2503(b) of the Internal Revenue Code, 26 U.S.C. § 2503(b), by reason of the application of section 2503(c) of the Internal Revenue Code, 26 U.S.C. § 2503(c), unless the second trust provides that the beneficiary’s remainder interest must vest not later than the date upon which such interest would have vested under the terms of the original trust.

      3.  Notwithstanding the provisions of subsection 1, a trustee who is a beneficiary of the original trust may not exercise the authority to appoint property of the original trust to a second trust if:

      (a) Under the terms of the original trust or pursuant to law governing the administration of the original trust:

             (1) The trustee does not have discretion to make distributions to himself or herself;

             (2) The trustee’s discretion to make distributions to himself or herself is limited by an ascertainable standard, and under the terms of the second trust, the trustee’s discretion to make distributions to himself or herself is not limited by the same ascertainable standard; or

             (3) The trustee’s discretion to make distributions to himself or herself can only be exercised with the consent of a cotrustee or a person holding an adverse interest and under the terms of the second trust the trustee’s discretion to make distributions to himself or herself is not limited by an ascertainable standard and may be exercised without consent; or

      (b) Under the terms of the original trust or pursuant to law governing the administration of the original trust, the trustee of the original trust does not have discretion to make distributions that will discharge the trustee’s legal support obligations but under the second trust the trustee’s discretion is not limited.

      4.  The provisions of subsection 3 do not prohibit a trustee who is not a beneficiary of the original trust from exercising the authority to appoint property of the original trust to a second trust pursuant to the provisions of subsection 1.

      5.  Before appointing property pursuant to subsection 1, a trustee may give notice of a proposed action pursuant to NRS 164.725 or may petition a court for approval pursuant to NRS 153.031, 164.015 or 164.725. Any notice of a proposed action or a petition for a court’s approval must include the trustee’s opinion of how the appointment of property will affect the trustee’s compensation and the administration of other trust expenses.

      6.  The trust instrument of the second trust may:

      (a) Grant a power of appointment to one or more of the beneficiaries of the second trust who are proper objects of the exercise of the power in the original trust. The power of appointment includes, without limitation, the power to appoint trust property to the holder of the power, the holder’s creditors, the holder’s estate, the creditors of the holder’s estate or any other person.

      (b) Provide that, at a time or occurrence of an event specified in the trust instrument, the remaining trust assets in the second trust must be held for the beneficiaries of the original trust upon terms and conditions that are substantially identical to the terms and conditions of the original trust.

      7.  The power to appoint the property of the original trust pursuant to subsection 1 must be exercised by a writing, signed by the trustee and filed with the records of the trust.

      8.  The exercise of the power to invade principal of the original trust pursuant to subsection 1 is considered the exercise of a power of appointment, other than power to appoint the property to the trustee, the trustee’s creditors, the trustee’s estate or the creditors of the trustee’s estate and the provisions of NRS 111.1031 apply to such power of appointment.

      9.  The provisions of this section do not abridge the right of any trustee who has the power to appoint property which arises under any other law.

      10.  The provisions of this section do not impose upon a trustee a duty to exercise the power to appoint property pursuant to subsection 1.

      11.  The power to appoint property to another trust pursuant to subsection 1 is not a power to amend the trust and a trustee is not prohibited from appointing property to another trust pursuant to subsection 1 if the original trust is irrevocable or provides that it may not be amended.

      12.  A trustee’s power to appoint property to another trust pursuant to subsection 1 is not limited by the existence of a spendthrift provision in the original trust.

      13.  A trustee exercising any power granted pursuant to this section may designate himself or herself or any other person permitted to act as a trustee as the trustee of the second trust.

      14.  The trustee of a second trust, resulting from the exercise of the power to appoint property to another trust pursuant to subsection 1, may also exercise the powers granted pursuant to this section with respect to the second trust.

      15.  As used in this section, “ascertainable standard” means a standard relating to an individual’s health, education, support or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code, 26 U.S.C. § 2041(b)(1)(A) or 2514(c)(1), and any regulations of the United States Treasury promulgated thereunder.

      (Added to NRS by 2009, 790; A 2011, 1467)

MISCELLANEOUS PROVISIONS

      NRS 163.558  Authority of settlor to specify conditions.  Except to the extent that it violates public policy, a settlor may:

      1.  Make a devise conditional upon a beneficiary’s action or failure to take action or upon the occurrence or nonoccurrence of one or more specified events; and

      2.  Specify the conditions or actions which would disqualify a person from serving or which would constitute cause for removal of a person who is serving in any capacity under the trust, including, without limitation, as a trustee, trust protector or trust adviser.

      (Added to NRS by 2011, 1465)

      NRS 163.560  Irrevocable trust not to be construed as revocable.

      1.  If the settlor of any trust specifically declares in the instrument creating the trust that such trust is irrevocable it shall be irrevocable for all purposes, even though the settlor is also the beneficiary of such trust.

      2.  Such trust shall, under no circumstances, be construed to be revocable for the reason that the settlor and beneficiary is the same person.

      (Added to NRS by 1973, 372)

      NRS 163.565  Effect of divorce or annulment of marriage of settlor on revocable inter vivos trust.  Divorce or annulment of the marriage of a settlor revokes every devise, beneficial interest or designation to serve as trustee given by the settlor to the former spouse of the settlor in a revocable inter vivos trust executed before the entry of the decree of divorce or annulment unless otherwise:

      1.  Provided in a property or separation agreement that is approved by the court in the divorce or annulment proceedings; or

      2.  Ordered by the court in the divorce or annulment proceedings,

Ê and the revocable inter vivos trust provisions take effect in the same manner as if the spouse had predeceased the trustor.

      (Added to NRS by 2003, 342)

      NRS 163.570  Powers of trustee concerning gifts made by surviving spouse of decedent.  A trustee may:

      1.  Join with a decedent’s surviving spouse or the personal representative of the decedent’s estate in the execution and filing of a joint income tax return for any period before the decedent’s death for which the decedent had not filed an income tax or gift tax return on gifts made by the spouse;

      2.  Consent to treat such gifts as having been made one-half by the decedent for any period before the decedent’s death; and

      3.  Pay such taxes thereon as are chargeable to the decedent.

      (Added to NRS by 1979, 455; A 1999, 2375)

      NRS 163.580  Duty of third person to ensure proper application of trust property.  A third person who acts in good faith is not bound to ensure the proper application of trust property paid or delivered to a trustee.

      (Added to NRS by 1999, 2366)

      NRS 163.590  Disposition of certain tangible personal property by reference to statement or list; requirements for admissibility of statement or list as evidence of intended disposition.

      1.  Whether or not the provisions relating to electronic trusts apply, a trust may refer to a written statement or list, including, without limitation, a written statement or list contained in an electronic record, to dispose of items of tangible personal property not otherwise specifically disposed of by the trust, other than money, evidences of indebtedness, documents of title, securities and property used in a trade or business.

      2.  To be admissible as evidence of the intended disposition, the statement or list must contain:

      (a) The date of its execution.

      (b) A title indicating its purpose.

      (c) A reference to the trust to which it relates.

      (d) A reasonably certain description of the items to be disposed of and the beneficiaries.

      (e) The handwritten signature or electronic signature of the settlor.

      3.  The statement or list may be:

      (a) Referred to as a writing to be in existence at the death of the settlor.

      (b) Prepared before or after the execution of the trust instrument.

      (c) Altered by the settlor after its preparation.

      (d) A writing which has no significance apart from its effect upon the dispositions made by the trust.

      (Added to NRS by 1999, 2366; A 2001, 2351)