The new California Uniform Directed Trust Act, effective January 2024, is somewhat sparse on details. And with legislation and already existing statutes it is not uncommon for questions about interpretation to arise. Interpretation can be answered through cases that pertain to the relevant statute and also sometimes through legislative history. As the California Uniform Directed Trust Act is new, and there are no California cases that discuss the Act, the question arises whether there are other materials that apply or that might apply for the purpose of interpreting the California Act or at least certain provisions therein. This is also pertinent for my purposes as I will continue to discuss and blog about various provisions in the California Uniform Directed Trust Act.

The California Assembly Committee on Judiciary, June 6, 2023, hearing Synopsis in part states “This bill would enact the California Uniform Directed Trust Act, which, according to the author and co-sponsors, is modeled on the National Commission’s UDTA, but with minor modifications to reflect California law and drafting practices.”

The California Uniform Directed Trust Act at new Cal. Probate Code section 16630 also states as follows: “In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.”

Thus, on the issue of interpreting the new California Uniform Directed Trust Act, in addition to eventual cases, and the already existing California legislative history (if any of it is relevant), it can be said that the National Uniform Directed Trust Act and provisions and materials thereunder or relating thereto also are or may be relevant and citable, depending on the view of the Court that is hearing the matter.

In future posts I will be covering the California Uniform Directed Trust Act in greater and greater detail, including scenarios and situations where having a directed trust and a trust director might be helpful.

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Thank you for viewing this discussion. Please do pass this blog and blog post and information to other people who would be interested as it is only through collaboration and sharing that great things and success are more quickly achieved. If you are interested in discussing anything that I have said in the discussion above or in either of my two blogs (see blog addresses below), or if you simply want to reach out or are seeking assistance, it is best to reach me by email at dave@tateattorney.com.

David Tate, Esq. (and inactive CPA)

• Business litigation and disputes – business, breach of contract/commercial, co-owners, shareholders, investors, founders, workplace and employment, environmental, D&O, governance, boards and committees.
• Trust, estate and probate court litigation and disputes – trust, estate, probate, elder and dependent abuse, conservatorship, POA, real property, mental health and care, mental capacity, undue influence, conflicts of interest, and contentious administrations.
• Governance, boards, audit and governance committees, investigations, auditing, ESG, etc.
• Mediator and facilitating dispute resolution (evaluative and facilitative):
  • Trust, estate, probate, conservatorship, elder and dependent abuse, etc.
  • Business, breach of contract/commercial, owner, shareholder, investor, etc.
  • D&O, board, audit and governance committee, accountant and CPA related.
  • Other: workplace and employment, environmental, trade secret.

Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation, or as or for my opinions and views on the subject matter.

Also note – sometimes I include links to or comments about materials from other organizations or people – if I do so, it is because I believe that the materials are worthwhile reading or viewing; however, that does not mean that I do not or that I might not have a different view about some or even all of the subject matter or materials, or that I necessarily agree with, or agree with everything about or relating to, that organization or person, or those materials or the subject matter.

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My two blogs are:

http://tateattorney.com – business, D&O, audit committee, governance, compliance, etc. – previously at http://auditcommitteeupdate.com

Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com

David Tate, Esq. (and inactive California CPA) – practicing only as an attorney in California.