invasion powers

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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 invasion power that is most likely chosen to accomplish this result is the "comfort" standard.
Are the beneficiary's income and other resources required to be considered by the trustee in the exercise of a broad invasion power? In this respect, consideration of the beneficiary's income and other resources are clearly factors that could limit the size of a requested distribution and affect the decision as to whether a distribution is warranted at all.
DCA 1975), that "[e]ven unlimited power of invasion is subject to implied limitations to protect remaindermen." (45) Even though Mesler dealt with the significance of absolute discretion as opposed to a broad invasion power, the rule in Mesler appears to be equally applicable in this later instance because a standard such as "happiness" provides essentially an unlimited power of invasion to the trustee.
1) Separate the broad invasion power from other invasion standards.
The project shows that the transgene adds an edge, says Ellstrand, but now he asks whether that advantage will boost the weed's invasion power.
In the Crummey decision, the Court was concerned primarily with the exercise of the invasion power by minor children, some of whom lacked the power to act as individuals under California law.
Crummey invasion powers may be limited to only trust income.
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.
The drafting mistake was providing the trustee with broad invasion powers in favor of the surviving spouse and then naming that spouse as trustee.
The spouse could use her five and five power in the vast majority of cases and only use the above invasion power when absolutely necessary.
The upper house of Russia's parliament voted Wednesday to revoke invasion powers it had granted President Vladimir Putinon March1.Putin had requestedthe move a day earlier, saying he wanted to help support Ukraine's fledgling peace process by reducing tensions.