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CHAPTER 529. UNIFORM CUSTODIAL TRUST ACT

Table of Sections
SectionHeadnote
529.001APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
529.01DEFINITIONS.
529.02CUSTODIAL TRUST; GENERAL.
529.03CUSTODIAL TRUSTEE FOR FUTURE PAYMENT OR TRANSFER.
529.04FORM AND EFFECT OF RECEIPT AND ACCEPTANCE BY CUSTODIAL TRUSTEE, JURISDICTION.
529.05MULTIPLE BENEFICIARIES; SEPARATE CUSTODIAL TRUSTS; SURVIVORSHIP.
529.06GENERAL DUTIES OF CUSTODIAL TRUSTEE.
529.07GENERAL POWERS OF CUSTODIAL TRUSTEE.
529.08USE OF CUSTODIAL TRUST PROPERTY.
529.09DETERMINATION OF INCAPACITY; EFFECT.
529.10EXEMPTION OF THIRD PERSON FROM LIABILITY.
529.11LIABILITY TO THIRD PERSON.
529.12DECLINATION, RESIGNATION, INCAPACITY, DEATH, OR REMOVAL OF CUSTODIAL TRUSTEE; DESIGNATION OF SUCCESSOR CUSTODIAL TRUSTEE.
529.13EXPENSES, COMPENSATION, AND BOND OF CUSTODIAL TRUSTEE.
529.14REPORTING AND ACCOUNTING BY CUSTODIAL TRUSTEE; DETERMINATION OF LIABILITY OF CUSTODIAL TRUSTEE.
529.15LIMITATIONS OF ACTION AGAINST CUSTODIAL TRUSTEE.
529.16DISTRIBUTION ON TERMINATION.
529.17METHODS AND FORMS FOR CREATING CUSTODIAL TRUSTS.
529.18APPLICABLE LAW.
529.19SHORT TITLE.
529.001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3
529.01 DEFINITIONS.
As used in sections 529.01 to 529.19:
(1) "Adult" means an individual who is at least 18 years of age.
(2) "Beneficiary" means an individual for whom property has been transferred to or held
under a declaration of trust by a custodial trustee for the individual's use and benefit under
sections 529.01 to 529.19.
(3) "Conservator" means a person appointed or qualified by a court to manage the estate of
an individual or a person legally authorized to perform substantially the same functions.
(4) "Court" means the district court of this state.
(5) "Custodial trust property" means an interest in property transferred to or held under a
declaration of trust by a custodial trustee under sections 529.01 to 529.19 and the income from
and proceeds of that interest.
(6) "Custodial trustee" means a person designated as trustee of a custodial trust under
sections 529.01 to 529.19 or a substitute or successor to the person designated.
(7) "Guardian" means a person appointed or qualified by a court as a guardian of an
individual, including a limited guardian, but not a person who is only a guardian ad litem.
(8) "Holder of the beneficiary's power of attorney" means a person who is a holder of the
beneficiary's unrevoked power of attorney if the document creating the power of attorney grants
powers similar or identical to those defined as "beneficiary transactions" in section 523.24,
subdivision 7
.
(9) "Incapacitated" means lacking the ability to manage property and business affairs
effectively by reason of mental illness, developmental disability, physical illness or disability,
chronic use of drugs, chronic intoxication, confinement, detention by a foreign power,
disappearance, minority, or other disabling cause.
(10) "Legal representative" means a personal representative or conservator.
(11) "Member of the beneficiary's family" means a beneficiary's spouse, descendant,
stepchild, parent, stepparent, grandparent, brother, sister, uncle, or aunt, whether of the whole or
half blood or by adoption.
(12) "Person" means an individual, corporation, business trust, estate, trust, partnership, joint
venture, association, or any other legal or commercial entity.
(13) "Personal representative" means an executor, administrator, or special administrator of a
decedent's estate, a person legally authorized to perform substantially the same functions, or a
successor to any of them.
(14) "State" means a state, territory, or possession of the United States, the District of
Columbia, or the commonwealth of Puerto Rico.
(15) "Transferor" means a person who creates a custodial trust by transfer or declaration.
(16) "Trust company" means a financial institution, corporation, or other legal entity,
authorized to exercise general trust powers.
History: 1990 c 476 s 1; 2005 c 56 s 1
529.02 CUSTODIAL TRUST; GENERAL.
(a) A person may create a custodial trust of property by a written transfer of the property to
another person, evidenced by registration or by other instrument of transfer, executed in any lawful
manner, naming as beneficiary, an individual who may be the transferor, in which the transferee is
designated, in substance, as custodial trustee under the Minnesota Uniform Custodial Trust Act.
(b) A person may create a custodial trust of property by a written declaration, evidenced by
registration of the property or by other instrument of declaration executed in any lawful manner,
describing the property and naming as beneficiary an individual other than the declarant, in which
the declarant as title holder is designated, in substance, as custodial trustee under the Minnesota
Uniform Custodial Trust Act. A registration or other declaration of trust for the sole benefit of the
declarant is not a custodial trust under sections 529.01 to 529.19.
(c) Title to custodial trust property is in the custodial trustee and the beneficial interest
is in the beneficiary.
(d) Except as provided in subsection (e), a transferor may not terminate a custodial trust.
(e) The beneficiary, if not incapacitated, or the holder of the beneficiary's power of attorney,
may terminate a custodial trust by delivering to the custodial trustee a writing signed by the
beneficiary or holder of the beneficiary's power of attorney declaring the termination. If not
previously terminated, the custodial trust terminates on the death of the beneficiary.
(f) Any person may augment existing custodial trust property by the addition of other
property pursuant to sections 529.01 to 529.19.
(g) The transferor may designate, or authorize the designation of, a successor custodial
trustee in the trust instrument.
(h) Sections 529.01 to 529.19 do not displace or restrict other means of creating trusts. A
trust whose terms do not conform to sections 529.01 to 529.19 may be enforceable according to
its terms under other law.
History: 1990 c 476 s 2
529.03 CUSTODIAL TRUSTEE FOR FUTURE PAYMENT OR TRANSFER.
(a) A person having the right to designate the recipient of property payable or transferable
upon a future event may create a custodial trust upon the occurrence of the future event by
designating in writing the recipient, followed in substance by: "as custodial trustee for .........
(name of beneficiary) under the Minnesota Uniform Custodial Trust Act."
(b) Persons may be designated as substitute or successor custodial trustees to whom the
property must be paid or transferred in the order named if the first designated custodial trustee is
unable or unwilling to serve.
(c) A designation under this section may be made in a will, a trust, a deed, a multiple-party
account, an insurance policy, an instrument exercising a power of appointment, or a writing
designating a beneficiary of contractual rights. Otherwise, to be effective, the designation must be
registered with or delivered to the fiduciary, payor, issuer, or obligor of the future right.
History: 1990 c 476 s 3
529.04 FORM AND EFFECT OF RECEIPT AND ACCEPTANCE BY CUSTODIAL
TRUSTEE, JURISDICTION.
(a) Obligations of a custodial trustee, including the obligation to follow directions of the
beneficiary, arise under sections 529.01 to 529.19 upon the custodial trustee's acceptance, express
or implied, of the custodial trust property.
(b) The custodial trustee's acceptance may be evidenced by a writing stating in substance:
CUSTODIAL TRUSTEE'S RECEIPT AND ACCEPTANCE
I, ........ (name of custodial trustee) acknowledge receipt of the custodial trust property
described below or in the attached instrument and accept the custodial trust as custodial trustee
for ....... (name of beneficiary) under the Minnesota Uniform Custodial Trust Act. I undertake to
administer and distribute the custodial trust property pursuant to the Minnesota Uniform Custodial
Trust Act. My obligations as custodial trustee are subject to the directions of the beneficiary
unless the beneficiary is designated as, is, or becomes incapacitated. The custodial trust property
consists of ........................
Dated: .................
........................
(signature of custodial trustee)
(c) Upon accepting custodial trust property, a person designated as custodial trustee under
sections 529.01 to 529.19 is subject to personal jurisdiction of the court with respect to any
matter relating to the custodial trust.
History: 1990 c 476 s 4
529.05 MULTIPLE BENEFICIARIES; SEPARATE CUSTODIAL TRUSTS;
SURVIVORSHIP.
(a) Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be
separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer
or declaration for use and benefit of husband and wife, for whom survivorship is presumed, a
right of survivorship does not exist unless the instrument creating the custodial trust specifically
provides for survivorship or survivorship is required as to community or marital property.
(b) Custodial trust property held under sections 529.01 to 529.19 by the same custodial trustee
for the use and benefit of the same beneficiary may be administered as a single custodial trust.
(c) A custodial trustee of custodial trust property held for more than one beneficiary
shall separately account to each beneficiary pursuant to sections 529.06 and 529.14 for the
administration of the custodial trust.
History: 1990 c 476 s 5
529.06 GENERAL DUTIES OF CUSTODIAL TRUSTEE.
(a) If appropriate, a custodial trustee shall register or record the instrument vesting title
to custodial trust property.
(b) If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the
beneficiary in the management, control, investment, or retention of the custodial trust property.
In the absence of effective contrary direction by the beneficiary while not incapacitated, the
custodial trustee shall observe the standard of care set forth in section 501B.151. However,
a custodial trustee, in the custodial trustee's discretion, may retain any custodial trust property
received from the transferor.
(c) Subject to subsection (b), a custodial trustee shall take control of and collect, hold,
manage, invest, and reinvest custodial trust property.
(d) A custodial trustee at all times shall keep custodial trust property of which the custodial
trustee has control, separate from all other property in a manner sufficient to identify it clearly as
custodial trust property of the beneficiary. Custodial trust property, the title to which is subject to
recordation, is so identified if an appropriate instrument so identifying the property is recorded,
and custodial trust property subject to registration is so identified if it is registered, or held in an
account in the name of the custodial trustee, designated in substance: "as custodial trustee for
........ (name of beneficiary) under the Minnesota Uniform Custodial Trust Act."
(e) A custodial trustee shall keep records of all transactions with respect to custodial trust
property, including information necessary for the preparation of tax returns, and shall make the
records and information available at reasonable times to the beneficiary or legal representative of
the beneficiary.
History: 1990 c 476 s 6; 1996 c 314 s 7
529.07 GENERAL POWERS OF CUSTODIAL TRUSTEE.
(a) A custodial trustee, acting in a fiduciary capacity, has all the rights and powers over
custodial trust property which an unmarried adult owner has over individually owned property,
but a custodial trustee may exercise those rights and powers in a fiduciary capacity only.
(b) This section does not relieve a custodial trustee from liability for a violation of section
529.06.
History: 1990 c 476 s 7
529.08 USE OF CUSTODIAL TRUST PROPERTY.
(a) A custodial trustee shall pay to the beneficiary or expend for the beneficiary's use and
benefit so much or all of the custodial trust property as the beneficiary while not incapacitated
may direct from time to time.
(b) If the beneficiary is incapacitated, the custodial trustee shall expend so much or all of the
custodial trust property as the custodial trustee considers advisable for the use and benefit of the
beneficiary and individuals who were supported by the beneficiary when the beneficiary became
incapacitated, or who are legally entitled to support by the beneficiary. Expenditures may be made
in the manner, when, and to the extent that the custodial trustee determines suitable and proper,
without court order and without regard to other support, income, or property of the beneficiary.
(c) A custodial trustee may establish checking, savings, or other similar accounts of
reasonable amounts under which either the custodial trustee or the beneficiary may withdraw
funds from, or draw checks against, the accounts. Funds withdrawn from, or checks written
against, the account by the beneficiary are distributions of custodial trust property by the custodial
trustee to the beneficiary.
History: 1990 c 476 s 8
529.09 DETERMINATION OF INCAPACITY; EFFECT.
(a) The custodial trustee shall administer the custodial trust as for an incapacitated
beneficiary if (i) the transferor has so directed in the instrument creating the custodial trust, or (ii)
the custodial trustee has determined that the beneficiary is incapacitated.
(b) A custodial trustee may determine that the beneficiary is incapacitated in reliance
upon (i) previous direction or authority given by the beneficiary while not incapacitated,
including direction or authority pursuant to a durable power of attorney, (ii) the certificate of the
beneficiary's physician, or (iii) other persuasive evidence.
(c) If a custodial trustee for an incapacitated beneficiary reasonably concludes that the
beneficiary's incapacity has ceased, or that circumstances concerning the beneficiary's ability to
manage property and business affairs have changed since the creation of a custodial trust directing
administration as for an incapacitated beneficiary, the custodial trustee must administer the trust
as for a beneficiary who is not incapacitated.
(d) On petition of the beneficiary, the custodial trustee, or other person interested in the
custodial trust property or the welfare of the beneficiary, the court shall determine whether the
beneficiary is incapacitated.
(e) Absent determination of incapacity of the beneficiary under subsection (b) or (d), a
custodial trustee who has reason to believe that the beneficiary is incapacitated shall administer
the custodial trust in accordance with the provisions of sections 529.01 to 529.19 applicable to an
incapacitated beneficiary.
(f) Incapacity of a beneficiary does not terminate (i) the custodial trust, (ii) any designation of
a successor custodial trustee, (iii) rights or powers of the custodial trustee, or (iv) any immunities
of third persons acting on instructions of the custodial trustee.
History: 1990 c 476 s 9
529.10 EXEMPTION OF THIRD PERSON FROM LIABILITY.
A third person in good faith and without a court order may act on instructions of, or
otherwise deal with, a person purporting to make a transfer as, or purporting to act in the capacity
of, a custodial trustee. In the absence of knowledge to the contrary, the third person is not
responsible for determining:
(1) the validity of the purported custodial trustee's designation;
(2) the propriety of, or the authority under sections 529.01 to 529.19 for, any action of the
purported custodial trustee;
(3) the validity or propriety of an instrument executed or instruction given pursuant to
sections 529.01 to 529.19 either by the person purporting to make a transfer or declaration or by
the purported custodial trustee; or
(4) the propriety of the application of property vested in the purported custodial trustee.
History: 1990 c 476 s 10
529.11 LIABILITY TO THIRD PERSON.
(a) A claim based on a contract entered into by a custodial trustee acting in a fiduciary
capacity, an obligation arising from the ownership or control of custodial trust property, or a tort
committed in the course of administering the custodial trust, may be asserted by a third person
against the custodial trust property by proceeding against the custodial trustee in a fiduciary
capacity, whether or not the custodial trustee or the beneficiary is personally liable.
(b) A custodial trustee is not personally liable to a third person:
(1) on a contract properly entered into in a fiduciary capacity unless the custodial trustee fails
to reveal that capacity or to identify the custodial trust in the contract; or
(2) for an obligation arising from control of custodial trust property or for a tort committed in
the course of the administration of the custodial trust unless the custodial trustee is personally at
fault.
(c) A beneficiary is not personally liable to a third person for an obligation arising
from beneficial ownership of custodial trust property or for a tort committed in the course of
administration of the custodial trust unless the beneficiary is personally in possession of the
custodial trust property giving rise to the liability or is personally at fault.
(d) Subsections (b) and (c) do not preclude actions or proceedings to establish liability
of the custodial trustee or beneficiary to the extent the person sued is protected as the insured
by liability insurance.
History: 1990 c 476 s 11
529.12 DECLINATION, RESIGNATION, INCAPACITY, DEATH, OR REMOVAL OF
CUSTODIAL TRUSTEE; DESIGNATION OF SUCCESSOR CUSTODIAL TRUSTEE.
(a) Before accepting the custodial trust property, a person designated as custodial trustee
may decline to serve by notifying the person who made the designation, the transferor, or the
transferor's legal representative. If an event giving rise to a transfer has not occurred, the substitute
custodial trustee designated under section 529.03 becomes the custodial trustee, or, if a substitute
custodial trustee has not been designated, the person who made the designation may designate
a substitute custodial trustee pursuant to section 529.03. In other cases, the transferor or the
transferor's legal representative may designate a substitute custodial trustee.
(b) A custodial trustee who has accepted the custodial trust property may resign by (i)
delivering written notice to a successor custodial trustee, if any, the beneficiary and, if the
beneficiary is incapacitated, to the beneficiary's conservator, if any, and (ii) transferring or
registering, or recording an appropriate instrument relating to, the custodial trust property,
in the name of, and delivering the records to, the successor custodial trustee identified under
subsection (c).
(c) If a custodial trustee or successor custodial trustee is ineligible, resigns, dies, or
becomes incapacitated, the successor designated under section 529.02, subsection (g), or 529.03
becomes custodial trustee. If there is no effective provision for a successor, the beneficiary, if
not incapacitated, or the holder of the beneficiary's power of attorney, may designate a successor
custodial trustee.
(d) If a successor custodial trustee is not designated pursuant to subsection (c), the transferor,
the legal representative of the transferor or of the custodial trustee, an adult member of the
beneficiary's family, the conservator of the beneficiary, a person interested in the custodial
trust property, or a person interested in the welfare of the beneficiary, may petition the court to
designate a successor custodial trustee in accordance with the procedures set forth in sections
501B.16 to 501B.25.
(e) A custodial trustee who declines to serve or resigns, or the legal representative of
a deceased or incapacitated custodial trustee, as soon as practicable, shall put the custodial
trust property and records in the possession and control of the successor custodial trustee. The
successor custodial trustee may enforce the obligation to deliver custodial trust property and
records and becomes responsible for each item as received.
(f) A beneficiary, the beneficiary's conservator, an adult member of the beneficiary's family, a
guardian of the beneficiary, a person interested in the custodial trust property, or a person interested
in the welfare of the beneficiary, may petition the court to remove the custodial trustee for cause
and designate a successor custodial trustee, to require the custodial trustee to furnish a bond or
other security for the faithful performance of fiduciary duties, or for other appropriate relief.
History: 1990 c 476 s 12; 2005 c 10 art 4 s 27
529.13 EXPENSES, COMPENSATION, AND BOND OF CUSTODIAL TRUSTEE.
Except as otherwise provided in the instrument creating the custodial trust, in an agreement
with the beneficiary, or by court order, a custodial trustee:
(1) is entitled to reimbursement from custodial trust property for reasonable expenses
incurred in the performance of fiduciary services;
(2) has a noncumulative election, to be made no later than six months after the end of each
calendar year, to charge a reasonable compensation for fiduciary services performed during that
year; and
(3) need not furnish a bond or other security for the faithful performance of fiduciary duties.
History: 1990 c 476 s 13
529.14 REPORTING AND ACCOUNTING BY CUSTODIAL TRUSTEE;
DETERMINATION OF LIABILITY OF CUSTODIAL TRUSTEE.
(a) Upon the acceptance of custodial trust property, the custodial trustee shall provide a
written statement describing the custodial trust property and shall thereafter provide a written
statement of the administration of the custodial trust property (i) once each year, (ii) upon
request at reasonable times by the beneficiary or the beneficiary's legal representative, (iii) upon
resignation or removal of the custodial trustee, and (iv) upon termination of the custodial trust.
The statements must be provided to the beneficiary or to the beneficiary's legal representative, if
any. Upon termination of the beneficiary's interest, the custodial trustee shall furnish a current
statement to the person to whom the custodial trust property is to be delivered.
(b) A beneficiary, the beneficiary's legal representative, an adult member of the beneficiary's
family, a person interested in the custodial trust property, or a person interested in the welfare of
the beneficiary may petition the court for an accounting by the custodial trustee or the custodial
trustee's legal representative.
(c) A successor custodial trustee may petition the court for an accounting by a predecessor
custodial trustee.
(d) In an action or proceeding under sections 529.01 to 529.19 or in any other proceeding,
the court may require or permit the custodial trustee or the custodial trustee's legal representative
to account. The custodial trustee or the custodial trustee's legal representative may petition the
court for approval of final accounts.
(e) If a custodial trustee is removed, the court shall require an accounting and order delivery
of the custodial trust property and records to the successor custodial trustee and the execution of
all instruments required for transfer of the custodial trust property.
(f) On petition of the custodial trustee or any person who could petition for an accounting,
the court, after notice to interested persons, may issue instructions to the custodial trustee or
review the propriety of the acts of a custodial trustee or the reasonableness of compensation
determined by the custodial trustee for the services of the custodial trustee or others.
(g) All proceedings described in this section shall be conducted in accordance with the
procedures set forth in sections 501B.16 to 501B.25.
History: 1990 c 476 s 14
529.15 LIMITATIONS OF ACTION AGAINST CUSTODIAL TRUSTEE.
(a) Except as provided in subsection (c), unless previously barred by adjudication, consent,
or limitation, a claim for relief against a custodial trustee for accounting or breach of duty is
barred as to a beneficiary, a person to whom custodial trust property is to be paid or delivered, or
the legal representative of an incapacitated or deceased beneficiary or payee:
(1) who has received a final account or statement fully disclosing the matter unless an action
or proceeding to assert the claim is commenced within two years after receipt of the final account
or statement; or
(2) who has not received a final account or statement fully disclosing the matter unless an
action or proceeding to assert the claim is commenced within three years after the termination
of the custodial trust.
(b) Except as provided in subsection (c), a claim for relief to recover from a custodial trustee
for fraud, misrepresentation, or concealment related to the final settlement of the custodial trust or
concealment of the existence of the custodial trust, is barred unless an action or proceeding to
assert the claim is commenced within five years after the termination of the custodial trust.
(c) A claim for relief is not barred by this section if the claimant:
(1) is a minor, until the earlier of two years after the claimant becomes an adult or dies;
(2) is an incapacitated adult, until the earliest of two years after (i) the appointment of a
conservator, (ii) the removal of the incapacity, or (iii) the death of the claimant; or
(3) was an adult, now deceased, who was not incapacitated, until two years after the
claimant's death.
History: 1990 c 476 s 15
529.16 DISTRIBUTION ON TERMINATION.
(a) Upon termination of a custodial trust, the custodial trustee shall transfer the unexpended
custodial trust property:
(1) to the beneficiary, if not incapacitated or deceased;
(2) to the holder of the beneficiary's power of attorney;
(3) to the conservator or other recipient designated by the court for an incapacitated
beneficiary; or
(4) upon the beneficiary's death, in the following order:
(i) to the survivor of multiple beneficiaries if survivorship is provided for pursuant to
section 529.05;
(ii) as designated in the instrument creating the custodial trust; or
(iii) to the estate of the deceased beneficiary.
(b) If, when the custodial trust would otherwise terminate, the distributee is incapacitated,
the custodial trust continues for the use and benefit of the distributee as beneficiary until the
incapacity is removed or the custodial trust is otherwise terminated.
(c) Death of a beneficiary does not terminate the power of the custodial trustee to discharge
obligations of the custodial trustee or beneficiary incurred before the termination of the custodial
trust.
History: 1990 c 476 s 16; 1991 c 199 art 1 s 80
529.17 METHODS AND FORMS FOR CREATING CUSTODIAL TRUSTS.
(a) If a transaction, including a declaration with respect to or a transfer of specific property,
otherwise satisfies applicable law, the criteria of section 529.02 are satisfied by:
(1) the execution and either delivery to the custodial trustee or recording of an instrument
in substantially the following form:
TRANSFER UNDER THE MINNESOTA UNIFORM CUSTODIAL TRUST ACT
I, ........... (name of transferor or name and representative capacity if a fiduciary), transfer
to .......... (name of trustee other than transferor), as custodial trustee for ............. (name of
beneficiary) as beneficiary and .............. as distributee on termination of the trust in absence of
direction by the beneficiary under the Minnesota Uniform Custodial Trust Act, the following:
(insert a description of the custodial trust property legally sufficient to identify and transfer
each item of property).
Dated: ....................
................................
(Signature); or
(2) the execution and the recording or giving notice of its execution to the beneficiary of an
instrument in substantially the following form:
DECLARATION OF TRUST UNDER THE MINNESOTA
UNIFORM CUSTODIAL TRUST ACT
I, ............. (name of owner of property), declare that henceforth I hold as custodial trustee for
............ (name of beneficiary other than transferor) as beneficiary and ............ as distributee on
termination of the trust in absence of direction by the beneficiary under the Minnesota Uniform
Custodial Trust Act, the following: (insert a description of the custodial trust property legally
sufficient to identify and transfer each item of property).
Dated: ..................
..............................
(Signature)
(b) Customary methods of transferring or evidencing ownership of property may be used to
create a custodial trust, including any of the following:
(1) registration of a security in the name of a trust company, an adult other than the transferor,
or the transferor if the beneficiary is other than the transferor, designated in substance "as custodial
trustee for ........... (name of beneficiary) under the Minnesota Uniform Custodial Trust Act";
(2) delivery of a certificated security, or a document necessary for the transfer of an
uncertificated security, together with any necessary endorsement, to an adult other than the
transferor or to a trust company as custodial trustee, accompanied by an instrument in substantially
the form prescribed in subsection (a)(1);
(3) payment of money or transfer of a security held in the name of a broker or a financial
institution or its nominee to a broker or financial institution for credit to an account in the name of
a trust company, an adult other than the transferor, or the transferor if the beneficiary is other than
the transferor, designated in substance; "as custodial trustee for ............. (name of beneficiary)
under the Minnesota Uniform Custodial Trust Act";
(4) registration of ownership of a life or endowment insurance policy or annuity contract
with the issuer in the name of a trust company, an adult other than the transferor, or the transferor
if the beneficiary is other than the transferor, designated in substance: "as custodial trustee for
............ (name of beneficiary) under the Minnesota Uniform Custodial Trust Act";
(5) delivery of a written assignment to an adult other than the transferor or to a trust company
whose name in the assignment is designated in substance by the words: "as custodial trustee for
........... (name of beneficiary) under the Minnesota Uniform Custodial Trust Act";
(6) irrevocable exercise of a power of appointment, pursuant to its terms, in favor of a trust
company, an adult other than the donee of the power, or the donee who holds the power if the
beneficiary is other than the donee, whose name in the appointment is designated in substance:
"as custodial trustee for ............. (name of beneficiary) under the Minnesota Uniform Custodial
Trust Act";
(7) delivery of a written notification or assignment of a right to future payment under a
contract to an obligor which transfers the right under the contract to a trust company, an adult
other than the transferor, or the transferor if the beneficiary is other than the transferor, whose
name in the notification or assignment is designated in substance: "as custodial trustee for ...........
(name of beneficiary) under the Minnesota Custodial Trust Act";
(8) execution, delivery, and recordation of a conveyance of an interest in real property in the
name of a trust company, an adult other than the transferor, or the transferor if the beneficiary
is other than the transferor, designated in substance: "as custodial trustee for .............. (name of
beneficiary) under the Minnesota Uniform Custodial Trust Act";
(9) issuance of a certificate of title by an agency of a state or of the United States which
evidences title to tangible personal property:
(i) issued in the name of a trust company, an adult other than the transferor, or the transferor
if the beneficiary is other than the transferor, designated in substance: "as custodial trustee for
............ (name of beneficiary) under the Minnesota Uniform Custodial Trust Act"; or
(ii) delivered to a trust company or an adult other than the transferor or endorsed by the
transferor to that person designated in substance: "as custodial trustee for ............. (name of
beneficiary) under the Minnesota Uniform Custodial Trust Act"; or
(10) execution and delivery of an instrument of gift to a trust company or an adult other than
the transferor, designated in substance: "as custodial trustee for .......... (name of beneficiary) under
the Minnesota Uniform Custodial Trust Act."
History: 1990 c 476 s 17
529.18 APPLICABLE LAW.
(a) Sections 529.01 to 529.19 apply to a transfer or declaration creating a custodial trust that
refers to sections 529.01 to 529.19 if, at the time of the transfer or declaration, the transferor,
beneficiary, or custodial trustee is a resident of or has its principal place of business in this state
or custodial trust property is located in this state. The custodial trust remains subject to sections
529.01 to 529.19 despite a later change in residence or principal place of business of the transferor,
beneficiary, or custodial trustee, or removal of the custodial trust property from this state.
(b) A transfer made pursuant to an act of another state substantially similar to sections 529.01
to 529.19 is governed by the law of that state and may be enforced in this state.
History: 1990 c 476 s 18
529.19 SHORT TITLE.
Sections 529.01 to 529.19 may be cited as the "Minnesota Uniform Custodial Trust Act."
History: 1990 c 476 s 19