Statutes > Nevada Statutes > TITLE 13 - GUARDIANSHIPS; CONSERVATORSHIPS; TRUSTS > Chapter 166 - Spendthrift Trusts > GENERAL PROVISIONS > 166.015 - Applicability of chapter; requirement of trustee if settlor is beneficiary of trust.

166.015 - Applicability of chapter; requirement of trustee if settlor is beneficiary of trust.

166.015  Applicability of chapter; requirement of trustee if settlor is beneficiary of trust.

      1.  Unless the writing declares to the contrary, expressly, this chapter governs the construction, operation and enforcement, in this State, of all spendthrift trusts created in or outside this State if:

      (a) All or part of the land, rents, issues or profits affected are in this State;

      (b) All or part of the personal property, interest of money, dividends upon stock and other produce thereof, affected, are in this State;

      (c) The declared domicile of the creator of a spendthrift trust affecting personal property is in this State; or

      (d) At least one trustee qualified under subsection 2 has powers that include maintaining records and preparing income tax returns for the trust, and all or part of the administration of the trust is performed in this State.

      2.  If the settlor is a beneficiary of the trust, at least one trustee of a spendthrift trust must be:

      (a) A natural person who resides and has his or her domicile in this State;

      (b) A trust company that:

             (1) Is organized under federal law or under the laws of this State or another state; and

             (2) Maintains an office in this State for the transaction of business; or

      (c) A bank that:

             (1) Is organized under federal law or under the laws of this State or another state;

             (2) Maintains an office in this State for the transaction of business; and

             (3) Possesses and exercises trust powers.

      3.  Except as otherwise provided in subsection 1, this chapter also governs the construction, operation and enforcement, outside of this State, of all spendthrift trusts created in this State, except so far as prohibited by valid laws of other states. Unless the writing declares to the contrary, expressly, it shall be deemed to be made in the light of this chapter and all other acts relating to spendthrift trusts enacted in this State.

      [4:86:1939; 1931 NCL § 6880.03]—(NRS A 1999, 1236)—(Substituted in revision for NRS 166.060)