Arkansas Trust Code

Effective September 1, 2005, the Arkansas Trust Code will take effect.  This Code is based on the Uniform Trust Code.   Ark. Laws Act 1031 (SB 336).

Prof. Lynn Foster of the University of Arkansas at Little Rock William H. Bowen School of Law has recently published an article entitled The Arkansas Trust Code: Good Law for Arkansas, 27 U. Ark. Little Rock L. Rev. 191 (2005).  In Prof. Foster’s own words,

This article seeks to provide guidance to Arkansas practitioners and judges working with the ATC. Part I relates the history of the UTC, its relation to existing law and its review by the Arkansas Bar Association, and provides an overview. Part II discusses the ATC and reproduces pertinent sections in the footnotes. The article discusses Arkansas’s changes to the UTC text and compares and contrasts the ATC with current Arkansas trust law. For convenience a brief description of current Arkansas trust law statutes is included at the end of the article.