California § 21522. 21522. (Enacted by Stats. 1990, Ch. 79.)

California Statutes

§ 21522. — 21522. (Enacted by Stats. 1990, Ch. 79.)

California·Code PROB Probate Code - PROB·Div. 11. DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS·Part 5. PART 5. COMPLIANCE WITH INTERNAL REVENUE CODE·Ch. 2. CHAPTER 2. Marital Deduction Gifts

If an instrument contains a marital deduction gift:

(a)The provisions of the instrument, including any power, duty, or discretionary authority given to a fiduciary, shall be construed to comply with the marital deduction provisions of the Internal Revenue Code.

(b)The fiduciary shall not take any action or have any power that impairs the deduction as applied to the marital deduction gift.

(c)The marital deduction gift may be satisfied only with property that qualifies for the marital deduction.

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If an instrument contains a marital deduction gift:
(a)
The provisions of the instrument, including any power, duty, or discretionary authority given to a fiduciary, shall be construed to comply with the marital deduction provisions of the Internal Revenue Code.
(b)
The fiduciary shall not take any action or have any power that impairs the deduction as applied to the marital deduction gift.
(c)
The marital deduction gift may be satisfied only with property that qualifies for the marital deduction.

California § 21522. (21522. (Enacted by Stats. 1990, Ch. 79.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Enacted by Stats. 1990, Ch. 79.

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