Sec. 13.36.159. Implementation of power of appointment.

576 words·~3 min read·/ak/title-13/chapter-36/13-36-159

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Unless the authorized trustee provides otherwise, the appointment of

(1)all of the assets making up the principal of the invaded trust to an appointed trust includes subsequently discovered assets of the invaded trust and undistributed principal of the invaded trust acquired after the appointment to the appointed trust;

(2)a part but not all of the assets making up the principal of the invaded trust to an appointed trust may not include subsequently discovered assets belonging to the invaded trust or principal paid to or acquired by the invaded trust after the appointment to the appointed trust; those subsequently discovered assets remain the assets of the invaded trust.

(b)The exercise of the power to appoint to an appointed trust under AS 13.36.157 shall be evidenced by an instrument in writing that is signed, dated, and acknowledged by the authorized trustee. The exercise of the power is effective 30 days after the date of service of the instrument as specified in

(d)of this section, unless the persons entitled to notice consent in writing to a sooner effective date.

(c)An authorized trustee may exercise the power authorized by AS 13.36.157 without the consent of the settlor or a person interested in the invaded trust and without court approval. However, an authorized trustee may seek court approval for the exercise. When seeking court approval, notice shall be sent to all qualified beneficiaries.

(d)A copy of the invaded trust, the appointed trust, and the instrument exercising the power shall be delivered to

(1)the settlor, if living, of the invaded trust;

(2)a person having the right, under the terms of the invaded trust, to remove or replace the authorized trustee exercising the power under AS 13.36.157 ; and

(3)a qualified beneficiary or a person who may represent and bind a qualified beneficiary under AS 13.06.120 .

(e)Notice under

(d)of this section to a qualified beneficiary is not required if the settlor has exempted the authorized trustee from providing notification or information to beneficiaries under AS 13.36.080 (b). Notice under

(d)of this section shall be provided under AS 13.06.110 .

(f)The instrument exercising the power must state whether the appointment is of all or part of the assets making up the principal of the invaded trust and, if a part, the approximate percentage of the value of the principal of the invaded trust that is the subject of the appointment. A failure to state whether the appointment is of all or part of the assets creates a presumption that only part of the assets is to be appointed.

(g)A person entitled to notice under

(d)of this section may object to the trustee's exercise of the power under AS 13.36.157 — 13.36.159 by serving a written notice of objection on the trustee before the effective date of the exercise of the power. The failure to object does not constitute consent.

(h)The receipt of a copy of the instrument exercising the power does not, before the expiration of the limitation period in AS 13.36.100 with respect to a report disclosing the exercise, affect the right of a qualified beneficiary to object to the exercise of the power under AS 13.36.157 and to request the court to modify or to reverse the exercise.

(i)A copy of the instrument exercising the power shall be kept with the records of the invaded trust.