New Acts

4 total

Conflict of Laws in Trusts and Estates Act  

It is increasingly common for a single trust or estate to involve parties (settlors, decedents, trustees, heirs, and beneficiaries) that reside in different states. Given the variance between state trust and estate laws, it is also increasingly common for courts to decide which state’s law should apply to a particular provision of a trust or will, or should be applied to resolve a dispute. The Uniform Conflict of Laws in Trusts and Estates Act provides needed guidance to both courts and estate planning practitioners who draft documents tailored to a client’s particular needs. The act clarifies when and for what purposes a party may choose applicable law, and under what circumstances a state’s strong public policy can override that choice.

 

Occupational Licenses of Servicemembers and Military Spouses Act  

Many military servicemembers or their spouses work in professions for which states require an occupational license to practice. Since they must frequently move across state lines due to military orders, servicemembers and military spouses are disproportionately burdened by the state-based occupational licensing system. Obtaining a new occupational license can be costly and time-consuming. The Uniform Occupational Licenses of Servicemembers and Military Spouses Act supports military families by making it easier for a servicemember and their spouse to get a state occupational license when they are forced to relocate due to military orders. The Act smooths the implementation of the 2024 Service Members Civil Relief Act (SCRA) amendments by adding a number of logistical details that the federal law does not address and by helping states to comply with it. The ability to obtain a new license quickly and easily is essential to the servicemember’s or spouse’s ability to work in their chosen career and support their families.

 

State Indian Child Welfare Act  

Congress enacted the Indian Child Welfare Act (ICWA) in 1978 to protect Indian children from unnecessary removal from their parents and tribal communities. ICWA applies to child-removal and placement proceedings nationwide. Together with federal regulations and guidelines, ICWA establishes minimum procedural and substantive protections that bind state courts and guide state agencies. The Uniform State Indian Child Welfare Act provides a comprehensive state-law framework that preserves these federal standards while adding context and clarity for proceedings involving Indian children and families. The uniform act incorporates the best practices from existing state ICWA laws, clarifies areas of confusion that have generated significant litigation, and ensures compliance with ICWA’s required protections for Indian families.

 

Transfers to Minors Act (2026)  

The Uniform Transfers to Minors Act provides a simple way for anyone to transfer property to a minor under a custodial arrangement where an adult manages the property as custodian for the minor’s benefit. The UTMA was last updated in 1983 and that version was adopted as law in every US state. The 2026 version of the UTMA provides several new benefits not available under the 1983 act: 1) the option to continue a new custodianship after the minor reaches the age of majority, up to age 25; 2) an easier process for appointing a successor custodian; 3) a simplified method for creating custodial property; 4) greater portability, including potential transfers of UTMA property to Section 529 and 530 accounts, special needs trusts, and qualified minor’s trusts; 5) increased thresholds for court oversight; and 6) clearer legal standards for the management and use of custodial property.