takers.
1.Unless otherwise specifically stated by the terms of the trust, the interest of each
beneficiary is contingent on the beneficiary surviving until the date on which the beneficiary
becomes entitled to possession or enjoyment of the beneficiary’s interest in the trust.
2.If a beneficiary dies prior to becoming entitled to possession or enjoyment of the
beneficiary’s interest and the terms of the trust provide for an alternate beneficiary who is
living on the date the interest becomes possessory, the alternate beneficiary succeeds to the
interest in accordance with the terms of the trust.
3.If a beneficiary dies prior to becoming entitled to possession or enjoyment of the
beneficiary’s interest and no alternate beneficiary is named in the trust, and the beneficiary
has issue who
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takers.
1. Unless otherwise specifically stated by the terms of the trust, the interest of each
beneficiary is contingent on the beneficiary surviving until the date on which the beneficiary
becomes entitled to possession or enjoyment of the beneficiary’s interest in the trust.
2. If a beneficiary dies prior to becoming entitled to possession or enjoyment of the
beneficiary’s interest and the terms of the trust provide for an alternate beneficiary who is
living on the date the interest becomes possessory, the alternate beneficiary succeeds to the
interest in accordance with the terms of the trust.
3. If a beneficiary dies prior to becoming entitled to possession or enjoyment of the
beneficiary’s interest and no alternate beneficiary is named in the trust, and the beneficiary
has issue who are living on the date the interest becomes possessory, the issue of the
beneficiary who are living on such date shall receive the interest of the beneficiary.
4. If both a beneficiary of an interest and any alternate beneficiary of that interest named
inthetrustdiepriortotheinterestbecomingpossessory, andthebeneficiaryhasnoissuewho
are living on the date the interest becomes possessory, the issue of the alternate beneficiary
who are living on such date shall take the interest of the beneficiary.
5. Ifboththebeneficiaryofaninterestandanyalternatebeneficiaryofthatinterestnamed
in the trust die prior to the interest becoming possessory, and neither the beneficiary nor the
alternate beneficiary has issue who are living on the date the interest becomes possessory,
the beneficiary’s interest shall be distributed to the takers of the settlor’s residuary estate,
or, if the trust is the sole taker of the settlor’s residuary estate, in accordance with section
633A.2106.
6. Ifboththebeneficiaryofaninterestandanyalternatebeneficiaryofthatinterestnamed
in the trust die prior to the interest becoming possessory, and both the beneficiary and the
alternate beneficiary have issue who are living on the date the interest becomes possessory,
theissueofthebeneficiarysucceedtotheinterestofthebeneficiary. Theissueofthealternate
beneficiary shall not succeed to any part of the interest of the beneficiary.
7. For the purposes of this section, persons appointed under a power of appointment
shall be considered beneficiaries under this section and takers in default of appointment
designatedbytheinstrumentcreatingthepowerofappointmentshallbeconsideredalternate
beneficiaries under this section.
8. Subsections 2, 3, 4, 5, 6, and 7 do not apply to any interest subject to an express
condition of survivorship imposed by the terms of the trust. For the purposes of this section,
words of survivorship including, but not limited to, “my surviving children”, “if a person
survives” a named period, and terms of like import, shall be construed to create an express
condition of survivorship. Words of survivorship include language requiring survival to the
distribution date or to any earlier or unspecified time, whether those words are expressed in
condition precedent, condition subsequent, or any other form.
9. For the purposes of this section, a term of the trust requiring that a beneficiary survive
a person whose death does not make the beneficiary entitled to possession or enjoyment of
the beneficiary’s interest in the trust shall not be considered as “otherwise specifically stated
by the terms of the trust” nor as an “express condition of survivorship imposed by the terms
of the trust”.
10. If an interest to which this section applies is given to a class, other than a class
described as “issue”, “descendants”, “heirs of the body”, “heirs”, “next of kin”, “relatives”,
“family”, or a class described by language of similar import, the members of the class who
are living on the date on which the class becomes entitled to possession or enjoyment of the
interest shall be considered as alternate beneficiaries under this section. However, neither
the residuary beneficiaries under the settlor’s will nor the settlor’s heirs shall be considered
as alternate beneficiaries for the purposes of this section.