invasion powers

Invasion Powers

The ability of the trustee of a trust to give part of the principal (or original assets deposited in the trust) to the beneficiary if the investment income from the trust is insufficient for the beneficiary's needs. Using invasion powers can reduce the life of the trust and certainly threaten its sustainability. Because of this, the trustee may only exercise these powers under certain circumstances following procedures set forth in the trust agreement.

invasion powers

A provision in a trust that permits the trustee to use the principal of the trust if its income is insufficient to fulfill the requirements of the beneficiary. However, trustees are usually prohibited from exercising this power without prior authorization.
References in periodicals archive ?
The upper house of Russia's parliament voted Wednesday to revoke invasion powers it had granted President Vladimir Putinon March1.
However, broad invasion powers can still be exercised if what is involved is a marital trust or if an independent party is chosen to serve as trustee.
Weighing Interests When Trust Contains Broad Invasion Powers
When drafting trusts that include broad invasion powers, the attorney might want to consider the following:
The invasion power that is most likely chosen to accomplish this result is the "comfort" standard.
45) even when an extremely broad invasion power is present, and to avoid the time and expense of having to obtain a court order prior to every distribution, the drafter should provide guidance in the trust instrument.
1) Separate the broad invasion power from other invasion standards.
The drafting mistake was providing the trustee with broad invasion powers in favor of the surviving spouse and then naming that spouse as trustee.
Critique: The IRS noted that the trustee's principal invasion powers were not subject to a Sec.
The decedent was the income beneficiary of both trusts and possessed an unlimited invasion power over the marital trust principal.
These adverse consequences could have been avoided if the decedent's marital trust invasion power had been limited to a 5% and $5,000 power or was based on an ascertainable standard.