PART III.  THE INTEREST OF THE BENEFICIARY

SUBPART A.  THE INTEREST OF THE INCOME BENEFICIARY

§1961.  Nature of the interest

A.  An interest in income may be given absolutely or conditionally.  It may be given for the life of a beneficiary or for a term, certain or uncertain, not exceeding the life of a beneficiary.

B.  A settlor may allocate to a beneficiary of income a portion of income.  Any income not allocated to an income beneficiary shall be allocated to principal.

C.  Except as otherwise provided with respect to the legitime in trust, a settlor may give a trustee who is not a beneficiary of the trust discretion to allocate income in different amounts among the income beneficiaries or to allocate some or all of the income to principal.  The settlor may allow income that is not allocated by the end of the year in which it is received to remain unallocated by the trustee until a future year. Any income unallocated when the trust terminates shall be allocated to principal.

Acts 1997, No. 767, §1; Acts 2001, No. 594, §2.