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Power To Delay Case Summary

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ARTICLE V. DISTRIBUTION PROVISIONS

A. Interest on Pecuniary Amounts.
When a beneficiary is entitled to receive payment of a pecuniary amount or an annuity, the beneficiary shall be entitled to receive interest on delayed distributions to the extent provided by California law. If California law has no provision expressly applicable to trusts, interest shall be paid in accordance with California law applicable to a decedent’s estate.

B. Undistributed Income.
In any instance in which this document fails to provide expressly for the distribution or accumulation of any trust income, that income shall be accumulated and added to principal.

C. Distribution Terminology.
The following directions and definitions apply to the distribution provisions …show more content…

Power to Delay Distributions. When an event occurs on which the Trustee is required to divide or distribute trust property, the Trustee may delay the distribution of all or part of the property for the period of time necessary to ascertain and provide for the payment of any tax claim or other liability, contingent or otherwise, against the trust property. During this period, the Trustee may pay the net income of the trust to the beneficiaries entitled to it, and any income not distributed shall on resolution of any tax claim or other liability be payable to the person entitled to it immediately after the Trustee receives the income. This provision shall not be deemed to postpone or defer the vesting of any interest created by the dispositive clauses of the trust. Nor does this provision authorize a delay in any distribution that might result in a transfer’s losing eligibility for a federal estate tax marital deduction or charitable …show more content…

Despite the foregoing and California Probate Code §15620, if a power to make discretionary distributions of income or principal is conferred on two or more Trustees, the power may be exercised by any Trustee who is not a current permissible beneficiary of that power; and, as long as there is no Trustee who is not a current permissible beneficiary of that power, any party in interest may apply to a court of competent jurisdiction to appoint a Trustee who is not a current permissible beneficiary of that power, and the power may be exercised by the Trustee appointed by the court. The restrictions of this paragraph do not apply to a person making distributions of property that the person could withdraw by exercising that person’s own power of

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