Alter ego

  1. Law
  2. Mississippi Code
  3. Trusts and Estates
  4. Mississippi Uniform Trust Code
  5. Miscellaneous Provisions
  6. Alter ego

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Absent clear and convincing evidence, no settlor of an irrevocable trust may be deemed to be the alter ego of a trustee of such trust.

None of the following factors, by themselves or in combination, may be considered sufficient evidence for a court to conclude that the settlor controls a trustee, or is the alter ego of a trustee of such trust:

  1. Any combination of the factors listed in Section 91-8-1108 regarding dominion and control over a trust;
  2. Isolated occurrences where the settlor has signed checks, made disbursements, or executed other documents related to the trust as a trustee, a trust advisor or a trust protector, when in fact the settlor was not a trustee, trust advisor or trust protector;
  3. Making any requests for distributions on behalf of beneficiaries; or
  4. Making any requests to the trustee to hold, purchase, or sell any trust property.


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