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S1321................................................by JUDICIARY AND RULES TRUSTS - Amends and adds to existing law relating to trusts to revise applicability; and to provide that the doctrine of worthier title shall not be applied. 01/30 Senate intro - 1st rdg - to printing 01/31 Rpt prt - to Jud 02/09 Rpt out - rec d/p - to 2nd rdg 02/10 2nd rdg - to 3rd rdg 02/21 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Brandt Floor Sponsor - Davis Title apvd - to House 02/22 House intro - 1st rdg - to Jud 03/06 Rpt out - rec d/p - to 2nd rdg 03/07 2nd rdg - to 3rd rdg 03/16 3rd rdg 03/22 PASSED - 68-0-2 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Hart, McGeachin Floor Sponsor - Nielsen Title apvd - to Senate 03/23 To enrol 03/24 Rpt enrol - Pres signed - Sp signed 03/27 To Governor 03/30 Governor signed Session Law Chapter 250 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1321 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO TRUSTS; AMENDING SECTION 68-119, IDAHO CODE, TO REVISE APPLICABIL- 3 ITY; AND AMENDING CHAPTER 1, TITLE 68, IDAHO CODE, BY THE ADDITION OF A 4 NEW SECTION 68-120, IDAHO CODE, TO PROVIDE THAT THE DOCTRINE OF WORTHIER 5 TITLE SHALL NOT BE APPLIED. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 68-119, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 68-119. APPLICABILITY. The provisions of sections 68-114 through 10 68-11920, Idaho Code, shall apply to all trusts, whether established pursuant 11 to Idaho law or established pursuant to the law of another state or jurisdic- 12 tion. 13 SECTION 2. That Chapter 1, Title 68, Idaho Code, be, and the same is 14 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 15 ignated as Section 68-120, Idaho Code, and to read as follows: 16 68-120. DOCTRINE OF WORTHIER TITLE INAPPLICABLE. The doctrine of worthier 17 title shall not be applied as a rule of law or as a rule of construction. Lan- 18 guage in a governing instrument describing the beneficiaries of a disposition 19 as the transferor's heirs, heirs at law, next of kin, distributees, relatives 20 or family, or language of similar import, shall not create or presumptively 21 create a reversionary interest in the transferor.
STATEMENT OF PURPOSE RS 15744 The Doctrine of Worthier Title is an ancient common law doctrine regarding trusts. A similar common law doctrine regarding real estate, the Rule in Shelly's Case, was abolished by Idaho Code 55- 206 in territorial days. The Doctrine of Worthier Title causes a trust whose grantor intended it to be irrevocable to become legally construed as revocable, contrary to the grantor's intent, and creates a variety of unintended adverse legal consequences for the trust grantor and beneficiary. Most states have provided by judicial decision or legislative enactment that the Doctrine of Worthier Title is not applicable or is abolished and modern legal authority supports the proposition that the Doctrine of Worthier Title should not be legally recognized. Idaho statutory and case law is silent on the applicability of the Doctrine of Worthier Title. The Doctrine of Worthier Title provides that when a trust grantor reserves the exclusive lifetime enjoyment of trust income and principal in the grantor and further provides that the remainder interest in trust passes at death of the grantor to the grantor's "heirs" (or terms to that effect), the remainder does not really pass to the grantor's heirs, but rather passes to the estate of the grantor and is governed either by the grantor's last will and testament or in the absence of such by the laws of intestate succession. The Doctrine of Merger provides that where a grantor has sole and exclusive power to enjoy the lifetime estate of a grant in trust and the right to dispose of the remainder estate, there is no separation of estates as must be the case for an irrevocable trust, and therefore the trust, intended to be irrevocable, is actually revocable. One example of practical problems that could arise is when a grantor with severe disabilities, and lacking contractual or donative legal capacity, has an irrevocable trust created for his or her lifetime use by a court, guardian, parent or grandparent under Idaho Code 68-1401 et seq., which must be irrevocable. The Social Security Administration could hold that the grantor with disabilities is not eligible for SSI coverage because the Doctrine of Worthier Title renders the trust revocable, not irrevocable. No such result has occurred in the state of Idaho to date, but legal representatives for such grantors with severe disabilities want to eliminate any prospect of such an outcome by making it clear that the Doctrine of Worthier Title is not applicable in Idaho. FISCAL NOTE This bill will have no fiscal impact. CONTACT: Name: Robert L. Aldridge, Trust & Estate Professionals of Idaho, Inc. Telephone:(208) 336-9880 Cell: (208) 631-2481 STATEMENT OF PURPOSE/FISCAL IMPACT S 1321 REVISED REVISED REVISED