Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

Important Information Pennsylvania Trustees Must Know about the Notice Requirement Imposed by the Pennsylvania Uniform Trust Act

Posted on Fri Apr 20, 2012, on Trusts

Pennsylvania Trust Notice Requirement.

As of November 6, 2006, the Pennsylvania Uniform Trust Act imposes a duty on trustees to inform trust current beneficiaries about the existence of a trust and the current beneficiaries’ rights to receive certain information on the trust. Knowing the Pennsylvania Trust Notice Requirement will help prevent Trustee liability. These notice requirements for Pennsylvania trustees are dependent on specific triggering events*. A current beneficiary is a person at least 18 years old to or for whom income or principal of a trust must be distributed currently or a person at least 25 years old to or for whom income or principal of a trust may, in the trustee’s discretion, be distributed currently.

See a chart of Required Notices Under § 7780

The notice by the trustee must include the following:

  • Fact of the trust’s existence
  • Identity of the settlor (the creator of the trust)
  • Trustee’s name, address and telephone number
  • Recipient’s right to receive upon request a copy of the trust instrument
  • Current beneficiary’s right to receive, at least annually, upon request, periodic written financial reports concerning the trust.

*Below is a list of the events that trigger the notification by the trustee and to whom and when the trustee must provide the notification:

If the death of the settlor of a revocable trust occurred after November 6, 2006, the trustee must notify current beneficiaries, executor of settlor’s estate, settlor’s spouse or, if the settlor’s spouse is incapacitated, the spouse’s guardian and settlor’s children who are at least 18 years old and the guardian, if any, of each child who is younger than 18 years old within 30 days of knowing of death.

If the death of the settlor of an irrevocable trust occurred after November 6, 2006, the trustee must notify current beneficiaries within 30 days of knowing of death or within 30 days of learning that a person who did not previously receive a notice is a current beneficiary if at the time the trustee knows that the settlor is then deceased. With a testamentary trust, the trustee must notify current beneficiaries within 30 days after the trust is first funded.

If the settlor of a revocable trust has been adjudicated incapacitated after November 6, 2006, the trustee must notify the settlor’s guardian within 30 days of knowing of adjudication.

If the settlor of an irrevocable trust has been adjudicated incapacitated after November 6, 2006, the trustee must notify current beneficiaries within 30 days of knowing of adjudication or within 30 days of learning that a person who did not previously receive a notice is a current beneficiary if at the time the trustee knows that the settlor has been adjudicated incapacitated.

If there is a change of trustee of a revocable trust, the trustee must notify the settlor in writing of the change. The notice need only state the trustee’s name, address, and phone number.

If there is a change of trustee of an irrevocable trust, the trustee must notify current beneficiaries and the settlor in writing of the change. The notice need only state the trustee’s name, address, and phone number.

If any beneficiary of a revocable trust reasonably requests information, no information is required to be given to them by the trustees.

If any beneficiary of an irrevocable trust reasonably requests information, the trustee must provide reasonable information promptly if the settlor is deceased.

Note: Notice must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, personal delivery, delivery to the person’s last known place of residence or place of business and a properly directed electronic message.

– written by Rita Tulman

Tags:

Beneficiary, Irrevocable Trust, Pennsylvania, Pennsylvania Uniform Trust Act, Required Notice, Revocable Trust, Settlor, Testamentary Trust, Trustee

Peter KlenkPeter Klenk

What Our clients are saying

Klenk Law Logo
Stars

B.A.

Peter Klenk and his associates are responsive and professional - It is a pleasure to work with their team. If you have needs in estate planning or administration, they are the firm to go to in the Philadelphia area!

Klenk Law Logo
Stars

Ian Marchant

Mr. Klenk, quickly understood the circumstances presented and provided clear and concise advice. This advice provided me with the information I required to progress the case to my advantage.

Klenk Law Logo
Stars

Chantee C.

Peter recently gave a presentation about Wills & Trusts at my employer, and it was fantastic! He was extremely knowledgeable and provided valuable information to the group. People were very engaged and asked several questions, all of which Peter thoroughly answered. Personally, my husband and I have selected Peter to help us with our estate planning, and he has been very helpful in providing us with all of the information we need to provide a secure future for our family. Thank you, Peter!

Klenk Law Logo
Stars

Qiana Wright

Great friendly staff

Klenk Law Logo
Stars

Mr. Klenk has been easy to work with. I am confident he has given me good advice whenever I have called upon him. He has shown good work ethic and depth of knowledge in preparation of estate, wills, and trusts that I have worked with him on.

Let us put our expertise to work for you.

Free consultation within 24 hours.