Notice of Trust to Qualified Beneficiaries (Alabama Uniform Trust Code § 19-3B-813)

NOTICE OF TRUST TO QUALIFIED BENEFICIARIES

Pursuant to Alabama Code § 19-3B-813

I. IDENTIFICATION OF NOTICE

II. IDENTIFICATION OF SETTLOR AND TRUST (§ 19-3B-813(b)(3))

Name of Settlor(s): [________________________________]

Date of Death of Deceased Settlor (if applicable): [__/__/____]

Name of Trust: [________________________________]

Date of Original Trust Instrument: [__/__/____]

Dates of All Amendments and Restatements:

☐ There have been no amendments or restatements to the Trust.

III. TRIGGERING EVENT (§ 19-3B-813(b))

This Notice is served because the following event has occurred under Ala. Code § 19-3B-813(b):

☐ § 19-3B-813(b)(2) — Acceptance of Trusteeship of Irrevocable Trust. The undersigned Trustee accepted the trusteeship of the above-identified irrevocable trust on [__/__/____]. This Notice is being served within 60 days of acceptance.

☐ § 19-3B-813(b)(3) — Creation or Becoming Irrevocable. The undersigned Trustee acquired knowledge on [__/__/____] that:

☐ The above-identified irrevocable trust was created (date of creation: [__/__/____]); OR

☐ The above-identified formerly revocable trust has become irrevocable by reason of:

☐ Death of the settlor on [__/__/____]

☐ Other (specify): [____________________]

This Notice is being served within 60 days of that knowledge.

IV. TRUSTEE CONTACT INFORMATION (§ 19-3B-813(b)(2))

V. RIGHTS OF QUALIFIED BENEFICIARIES (§ 19-3B-813(b)(3) and (a))

As a qualified beneficiary of the Trust, you are advised of the following rights under the Alabama Uniform Trust Code:

1. Right to a Copy of the Trust Instrument. Pursuant to Ala. Code § 19-3B-813(b)(3), you have the right to request a copy of the trust instrument. To exercise this right, send a written request to the Trustee at the address in Section IV.

2. Right to a Trustee's Report. Pursuant to Ala. Code § 19-3B-813(b)(3) and (c), you have the right to receive, at least annually and on the termination of the trust or change of trustee, a report of the trust property, liabilities, receipts, and disbursements, including the source and amount of the trustee's compensation, a listing of the trust assets, and (if feasible) their respective market values.

3. Right to Be Reasonably Informed. Pursuant to Ala. Code § 19-3B-813(a), the Trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests, and shall promptly respond to a qualified beneficiary's request for information related to the administration of the trust, unless unreasonable under the circumstances.

4. Right to Waive or Withdraw Waiver. Pursuant to Ala. Code § 19-3B-813(d), you may waive the right to a trustee's report or other information otherwise required to be furnished under § 19-3B-813, and with respect to future reports and other information you may withdraw a waiver previously given.

VI. DEFINITION OF QUALIFIED BENEFICIARY (§ 19-3B-103(13))

Under Ala. Code § 19-3B-103(13), "qualified beneficiary" means a beneficiary who, on the date the beneficiary's qualification is determined:

(A) is a distributee or permissible distributee of trust income or principal;

(B) would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in (A) terminated on that date without causing the trust to terminate; or

(C) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.

VII. RECIPIENTS — QUALIFIED BENEFICIARIES SERVED

This Notice is being served on the following qualified beneficiaries (or their representatives under Ala. Code § 19-3B-303):

VIII. ADDITIONAL INFORMATION REQUIRED BY THE TRUST INSTRUMENT

☐ The trust instrument does not expressly require any additional information in this Notice.

☐ The following additional information is required by the trust instrument:

[____________________________________________________________]

[____________________________________________________________]

IX. METHOD AND DATE OF SERVICE

Service was made by one or more of the following methods, to the last known address of each recipient:

☐ Certified mail, return receipt requested

☐ First-class mail, postage prepaid

☐ Personal delivery

☐ Other (specify): [____________________]

Date Notice Was Placed in the Mail or Personally Delivered: [__/__/____]

X. TRUSTEE EXECUTION

I, the undersigned Trustee, certify that I have served this Notice on the persons identified in Section VII by the methods identified in Section IX, in compliance with Ala. Code § 19-3B-813.

Executed on [__/__/____] at [____________________], Alabama.

Trustee Signature: [________________________________]

Print Name: [________________________________]

Capacity: [________________________________]

XI. PROOF OF SERVICE

STATE OF ALABAMA )
COUNTY OF [____________] )

I, the undersigned, declare that I am over the age of 19 years and not a party to this matter. My business or residence address is set forth above. On the date stated above, I served the foregoing NOTICE OF TRUST TO QUALIFIED BENEFICIARIES on each of the persons identified in Section VII by placing a true copy thereof in a sealed envelope, addressed to each such person at the address set forth in Section VII, with postage thereon fully prepaid, and depositing the envelope in the United States Mail at the place stated above, OR by personal delivery as indicated.

I declare under penalty of perjury under the laws of the State of Alabama that the foregoing is true and correct.

Signature: [________________________________]

Print Name: [________________________________]

Sworn to and subscribed before me this [____] day of [____________], 20[____].

Notary Public: [________________________________]

My Commission Expires: [__/__/____]

(NOTARY SEAL)

SOURCES AND REFERENCES

• Ala. Code § 19-3B-103 (Definitions) — https://law.justia.com/codes/alabama/title-19/chapter-3b/section-19-3b-103/.
• Ala. Code § 19-3B-105 (Default and Mandatory Rules) — https://law.justia.com/codes/alabama/title-19/chapter-3b/section-19-3b-105/.
• Ala. Code § 19-3B-303 (Representation by Fiduciaries and Parents) — https://law.justia.com/codes/alabama/title-19/chapter-3b/section-19-3b-303/.
• Ala. Code § 19-3B-813 (Duty to Inform and Report) — https://law.justia.com/codes/alabama/title-19/chapter-3b/section-19-3b-813/.
• Ala. Code § 19-3B-1005 (Limitation of Action Against Trustee) — https://law.justia.com/codes/alabama/title-19/chapter-3b/section-19-3b-1005/.
• Alabama Legislature, Code of Alabama 1975 (online) — https://alison.legislature.state.al.us/code-of-alabama.