59-16.3-11. Applicability of chapter.
163 words·~1 min read·
/nd/title-59/chapter-59-16-3-total-return-unitrusts/59-16-3-11·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
This chapter must be construed as pertaining to the administration of a trust and must be available to a trust that is administered in the state under state law unless:
1. The governing instrument reflects an intention that the current beneficiary or
beneficiaries are to receive an amount other than a reasonable current return from the
trust;
2. One or more persons to whom the trustee could distribute income have a power of
withdrawal over the trust which is not subject to an ascertainable standard under
sections 2041 and 2514 of the Internal Revenue Code, or which can be exercised to
discharge a duty of support the person possesses; or
3. The governing instrument expressly prohibits use of this chapter by specific reference
to the chapter. A provision in the governing instrument that "the provisions of this
chapter, or any corresponding provision of future law, may not be used in the
administration of this trust" are sufficient to preclude use of this chapter.