§ 16331
326 words·~1 min read·
/ca/probate-code/16331A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Except as otherwise provided in subdivision (b), this article applies to both of the following:
(1)An income trust, unless the terms of the trust expressly prohibit use of this article by a specific reference to this article or an explicit expression of intent that net income not be calculated as a unitrust amount.
(2)An express unitrust, except to the extent the terms of the trust explicitly do any of the following:
(A)Prohibit use of this article by a specific reference to this article.
(B)Prohibit conversion to an income trust.
(C)Limit changes to the method of calculating the unitrust amount.
(b)This article does not apply to a trust described in Section 170(f)(2)(B), 642(c)(5), 664(d), 2702(a)(3)(A)(ii) or (iii), or 2702(b) of the Internal Revenue Code of 1986 (26 U.S.C. Secs. 170(f)(2)(B), 642(c)(5), 664(d), 2702(a)(3)(A)(ii) or (iii), or 2702(b)).
(c)An income trust to which this article applies under paragraph
(1)of subdivision
(a)may be converted to a unitrust under this article regardless of the terms of the trust concerning distributions. Conversion to a unitrust under this article does not affect other terms of the trust concerning distributions of income or principal.
(d)This article applies to an estate only to the extent a trust is a beneficiary of the estate. To the extent of the trust’s interest in the estate, the estate may be administered as a unitrust, the administration of the estate as a unitrust may be discontinued, or the percentage or method used to calculate the unitrust amount may be changed, in the same manner as for a trust under this article.
(e)This article does not create a duty to take or consider action under this article or to inform a beneficiary about the applicability of this article.
(f)A fiduciary that in good faith takes or fails to take an action under this article is not liable to a person affected by the action or inaction.