§ 7506. Certain powers of beneficiaries not exercisable
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 20 Pa.C.S.A. Decedents, Estates and FiduciariesEffective: September 5, 2006
Effective: September 5, 2006
20 Pa.C.S.A. § 7506
§ 7506. Certain powers of beneficiaries not exercisable
(a) General rule.--No beneficiary of a trust in an individual, trustee or other capacity may appoint himself or herself as trustee or remove a trustee and appoint in place of the trustee so removed a trustee who is related or subordinate to the beneficiary within the meaning of section 672(c) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 672(c)) in each case unless:
(1) the trustee's discretionary power to make distributions to or for the beneficiary is limited by an ascertainable standard relating to the beneficiary's health, education, support or maintenance within the meaning of sections 2041 and 2514 of the Internal Revenue Code of 1986 (26 U.S.C. §§ 2041 and 2514);
(1) if the appointment of the trustee by the beneficiary may be made only in conjunction with another person having a substantial interest in the property of the trust subject to the power which is adverse to the exercise of the power in favor of the beneficiary within the meaning of section 2041(b)(1)(C)(ii) of the Internal Revenue Code of 1986 (26 U.S.C. § 2041(b)(1)(C)(ii)) or the appointment is in conformity with a procedure governing appointments approved by the court before December 21, 1998;
Credits
1998, Dec. 21, P.L. 1067, No. 141, § 2, imd. effective. Amended 2006, July 7, P.L. 625, No. 98, § 8, effective in 60 days [Sept. 5, 2006].
20 Pa.C.S.A. § 7506, PA ST 20 Pa.C.S.A. § 7506
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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