Vermont Statutes Title 14 Sec. 110
Terms Used In Vermont Statutes Title 14 Sec. 110
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Trustee: A person or institution holding and administering property in trust.
§ 110. Others treated as qualified beneficiaries
(a) Whenever notice to qualified beneficiaries of a trust is required under this title, the trustee shall also give notice to any other beneficiary who has sent the trustee a request for notice.
(b)(1) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under this title if the charitable organization, on the date the charitable organization’s qualification is being determined, is:
(A) a “first tier” beneficiary as a distributee or permissible distributee of trust income or principal;
(B) a “second tier” beneficiary who would be a first tier beneficiary of trust income or principal if the interests of the distributees described in subdivision (1)(A) of this subsection (b) terminated on that date without causing the trust to terminate; or
(C) a “final beneficiary” who would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.
(2) Notwithstanding subdivision (1) of this subsection (b), a second tier beneficiary or a final beneficiary whose interest in the trust is created by the exercise of a power of appointment, and the exercise of the power of appointment is not irrevocable, shall not have the rights of a “qualified beneficiary.”
(c) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in section 408 or 409 of this title has the rights of a qualified beneficiary under this title.
(d) The Attorney General of this State has the rights of a qualified beneficiary with respect to a charitable trust having its principal place of administration in this State. (Added 2009, No. 20, § 1.)
Vermont Statutes Title 14 Sec. 110
Terms Used In Vermont Statutes Title 14 Sec. 110
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Probate: Proving a will
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
§ 110. Absence of witness, proof
When it appears to the court that a will cannot be proven as otherwise provided by law, because one or more of the subscribing witnesses are unavailable or incapable of testifying, the court may admit the will to probate upon the testimony in person or by affidavit of at least one credible disinterested individual that the signature to the will is in the handwriting of the person whose will it purports to be, or upon other sufficient proof of the handwriting, and the will on its face complies with other legal requirements. This section shall not preclude the court, in its discretion, from requiring additional testimony of any available subscribing witness or proof of other pertinent facts and circumstances that the court deems necessary to admit the will to probate. (Amended 2017, No. 195 (Adj. Sess.), § 2.)