Arkansas § 28-77-302 Application - Duties and remedies

Arkansas Statutes

§ 28-77-302 — Application - Duties and remedies

Arkansas § 28-77-302

Title28

This text of Arkansas § 28-77-302 (Application - Duties and remedies) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 28-77-302 (2026).

Text

(a)Except as otherwise provided in subsection (b), this subchapter applies to:

(1)an income trust, unless the terms of the trust expressly prohibit use of this subchapter by a specific reference to this subchapter or an explicit expression of intent that net income not be calculated as a unitrust amount; and (2) an express unitrust, except to the extent the terms of the trust explicitly:

(A)prohibit use of this subchapter by a specific reference to this subchapter;

(B)prohibit conversion to an income trust; or (C) limit changes to the method of calculating the unitrust amount.

(b)This subchapter 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, as amended, 26 U.S.C. Section 170(f

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(a) Except as otherwise provided in subsection (b), this subchapter applies to: (1) an income trust, unless the terms of the trust expressly prohibit use of this subchapter by a specific reference to this subchapter or an explicit expression of intent that net income not be calculated as a unitrust amount; and (2) an express unitrust, except to the extent the terms of the trust explicitly: (A) prohibit use of this subchapter by a specific reference to this subchapter; (B) prohibit conversion to an income trust; or (C) limit changes to the method of calculating the unitrust amount. (b) This subchapter 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, as amended, 26 U.S.C. Section 170(f)(2)(B) , 642(c)(5) , 664(d) , 2702(a)(3)(A)(ii) or (iii) , or 2702(b) , as amended. (c) An income trust to which this subchapter applies under subsection (a)(1) may be converted to a unitrust under this subchapter regardless of the terms of the trust concerning distributions. Conversion to a unitrust under this subchapter does not affect other terms of the trust concerning distributions of income or principal. (d) This subchapter 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 subchapter. (e) This subchapter does not create a duty to take or consider action under this subchapter or to inform a beneficiary about the applicability of this subchapter. (f) A fiduciary that in good faith takes or fails to take an action under this subchapter is not liable to a person affected by the action or inaction.