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§ 7740.7. Division of trusts

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 20 Pa.C.S.A. Decedents, Estates and FiduciariesEffective: January 1, 2017

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 20 Pa.C.S.A. Decedents, Estates and Fiduciaries (Refs & Annos)
Chapter 77. Trusts (Refs & Annos)
Subchapter D. Creation, Validity, Modification and Termination of Trust (Refs & Annos)
Effective: January 1, 2017
20 Pa.C.S.A. § 7740.7
§ 7740.7. Division of trusts
(a) Without court approval.--A trustee may, without court approval, divide a trust into separate trusts, allocating to each separate trust either a fractional share of each asset and each liability held by the original trust or assets having an appropriate aggregate fair market value and fairly representing the appreciation or depreciation in the assets of the original trust as a whole. The beneficiaries of the separate trusts may be different so long as their rights are not impaired. If the division reflects disclaimers or different tax elections, the division shall relate back to the date to which the disclaimer or tax election relates.
(b) With court approval.--The court, for cause shown, may authorize the division of a trust into separate trusts upon such terms and conditions and with notice as the court shall direct.
(c) Separate fund.--A trustee may, without court approval, set aside property in a separate fund prior to actual distribution, after which income earned on the separate fund and appreciation or depreciation of the fund set-aside shall belong to the separate fund.

Credits

2006, July 7, P.L. 625, No. 98, § 9, effective in 120 days [Nov. 6, 2006]. Amended 2016, July 8, P.L. 497, No. 79, § 14, effective Jan. 1, 2017.
20 Pa.C.S.A. § 7740.7, PA ST 20 Pa.C.S.A. § 7740.7
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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