Effective 28 Aug 2009

456.4-418. Distribution of trust income or principal to qualified remainder beneficiary, when — applicability to irrevocable trust, when. — 1. During any period of time that this section applies to an irrevocable trust, the trustee shall have the authority in its discretion to distribute trust income or principal to a qualified remainder beneficiary of the trust. For purposes of this section, a "qualified remainder beneficiary" is a descendant of a permissible distributee who will be eligible to receive distributions of trust income or principal, whether mandatory or discretionary, upon the termination of the interest of such permissible distributee or upon the termination of the trust.

2. This section shall apply to an irrevocable trust that is administered in this state if:

(1) The trustee may distribute trust income or principal to one or more permissible distributees;

(2) No distributions of trust income or principal have been made to any permissible distributee during the ten-year period preceding the notice required by subsection 5 of this section;

(3) The trustee determines that there will be sufficient assets in the trust for the trustee to meet its obligations to the permissible distributees after any distributions authorized by this section;

(4) The trustee determines that the application of this section to the trust is not inconsistent with a material purpose of the trust;

(5) The trustee determines that the application of this section to a trust that is exempt from the federal generation-skipping transfer tax will not cause the trust to become subject to such tax; and

(6) The trust became irrevocable on or before September 25, 1985.

3. After the trustee determines that this section applies to a trust, this section shall continue to apply to the trust until the first to occur of the following:

(1) The termination of the interests of all the beneficiaries who were permissible distributees on the date of the notice required by subsection 5 of this section;

(2) The termination of the trust; or

(3) The trustee determines that additional distributions under this section will impair the ability of the trustee to meet its obligation to the permissible distributees.

4. A spendthrift provision in the terms of a trust is not presumed inconsistent with the application of this section to the trust.

5. The trustee shall notify the qualified beneficiaries of the trust that the trustee has determined that this section applies to a trust not less than sixty days before distributing trust income or principal to any qualified remainder beneficiary.

6. A trustee acting in good faith shall not be liable to any beneficiary for acting or failing to act under this section.

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(L. 2009 H.B. 239)