Unitrust
Cal. PROB § 16331
California Statutes
(
a) Except as otherwise provided in subdivision (b), this
article applies to both of the following:
(1) An income trust, unless the terms of the trust expressly prohibit use of this
article by a specific reference to this
article or an explicit expression of intent that net income not be calculated as a unitrust amount.
(2) An express unitrust, except to the extent the terms of the trust explicitly do any of the following: (
A) Prohibit use of this
article by a specific reference to this article. (
B) Prohibit conversion to an income trust. (
C) Limit changes to the method of calculating the unitrust amount. (
b) This
article does not apply to a trust described in
Section 170(f)(2)(B), 642(c)(5), 664(d), 2702(a)(3)(A)(ii) or (iii), or 2702(
b) of the Internal Revenue Code of 1986 (26 U.S.C. Secs. 170(f)(2)(B), 642(c)(5), 664(d), 2702(a)(3)(A)(ii) or (iii), or 2702(b)). (
c) An income trust to which this
article applies under paragraph (1) of subdivision (
a) may be converted to a unitrust under this
article regardless of the terms of the trust concerning distributions. Conversion to a unitrust under this
article does not affect other terms of the trust concerning distributions of income or principal. (
d) This
article applies to an estate only to the extent a trust is a beneficiary of the estate. To the extent of the trust’s interest in the estate, the estate may be administered as a unitrust, the administration of the estate as a unitrust may be discontinued, or the percentage or method used to calculate the unitrust amount may be changed, in the same manner as for a trust under this article. (
e) This
article does not create a duty to take or consider action under this
article or to inform a beneficiary about the applicability of this article. (
f) A fiduciary that in good faith takes or fails to take an action under this
article is not liable to a person affected by the action or inaction.