Statute · California Probate Code

Cal. Prob. Code § 16606 — California Uniform Directed Trust Act

Cal. Prob. Code § 16606

Type
Statute
Source
California Probate Code
Jurisdiction
California
Date
2024-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

(a) This chapter does not apply to any of the following:

Citator

Cal. Prob. Code § 16606 — California Uniform Directed Trust Act is in force in the current edition of the Code, and nothing recorded condemns it.

(a) This chapter does not apply to any of the following:

(1) A power of appointment.

(2) The power to appoint or remove a trustee or trust director.

(3) The power of a settlor over a trust, to the extent the settlor has a power to revoke the trust.

(4) The power of a beneficiary over a trust, to the extent the exercise or nonexercise of the power affects the beneficial interest of the beneficiary.

(5) The power over a trust if both of the following apply:

(A) The terms of the trust provide that the power is held in a nonfiduciary capacity.

(B) The power is required to be held in a nonfiduciary capacity to achieve the settlor’s tax objectives under the United States Internal Revenue Code of 1986 and regulations issued thereunder.

(b) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in, or power of appointment over, trust property that is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.