When a current trust beneficiary is temporarily lacking: What should be done with income accruing during hiatus?

Charles E. Rounds, Jr. - Suffolk University Law School
Contact

Section 8.41 of Loring and Rounds: A Trustee’s Handbook (2020), transcribed in its entirety in the appendix below, suggests a number of default possibilities including (1) imposing a resulting trust upon income that accrues during the hiatus, (2) accumulating income for distribution to future current beneficiaries, (3) and immediately booking the income to principal. The Uniform Fiduciary Income and Principal Act (2018) (UFIPA), specifically § 404(5) (“receipts not normally apportioned”), opts for immediately booking income to principal. Section 404(5), unsupported and un-flagged by any official commentary, has been secreted deep in the bowels of UFIPA and, what is worse, surrounded by content that is only tangentially related. Lots of traps for the unwary trustee in all this codification.

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Charles E. Rounds, Jr. - Suffolk University Law School | Attorney Advertising

Written by:

Charles E. Rounds, Jr. - Suffolk University Law School
Contact
more
less

Charles E. Rounds, Jr. - Suffolk University Law School on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide