Trusts and Estates

Ca. Trs. & Estates Quarterly Volume 11, Issue 3, Fall 2005

THE NEW UNITRUST CONVERSION POWER UNDER THE CALIFORNIA UNIFORM PRINCIPAL AND INCOME ACT – A Useful Complement to the Adjustment Power

By James L. Deeringer, Esq. and Silvio Reggiardo III, Esq.*

I. INTRODUCTION

Governor Schwarzenegger recently signed SB 754 (Chapter 100, Statutes of 2005), which adds "unitrust conversion" provisions to the California Uniform Principal and Income Act (the "UPAIA").1 Those new provisions, found in Probate Code §§ 16336.4 and 16336.5, allow a trustee, under circumstances described in those sections, to convert a net income trust to a unitrust. The unitrust conversion provisions become effective on January 1, 2006.

This article will describe the new unitrust conversion power and contrast it with the adjustment power that the UPAIA granted to trustees when it was first enacted in California in 1999. The adjustment power and the unitrust conversion power both enable a trustee to override the traditional principal and income allocations mandated by a net income trust, but the two powers differ in many respects.

Join CLA to access this page

Join

Log in

Forgot Password

Enter the email associated with you account. You will then receive a link in your inbox to reset your password.

Personal Information

Select Section(s)

CLA Membership is $99 and includes one section. Additional sections are $99 each.

Payment