Chapter Definitions

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As used in this chapter, unless the context otherwise requires:

  1. “Governing instrument” means:
    1. A will, deed, trust instrument or agency agreement;
    2. For purposes of subdivision (1)(A), an agency agreement includes but is not limited to, any agreement under which any delegation is made, either pursuant to § 35-15-807 or by anyone holding a power or duty pursuant to chapter 15, part 12;
  2. “Trust” means any fiduciary relationship created by a governing instrument; and
  3. “Trustee” means any fiduciary as defined in § 35-15-103.


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