§ 30-4502 — Definitions

In the Uniform Trust Decanting Act:
(1) Appointive property means the property or property interest subject to a power of appointment.
(2) Ascertainable standard has the same meaning as in section 30-3803 .
(3) Authorized fiduciary means:
(A) a trustee or other fiduciary, other than a settlor, that has discretion to distribute or direct a trustee to distribute part or all of the principal of the first trust to one or more current beneficiaries;
(B) a special fiduciary appointed under section 30-4509 ; or
(C) a special-needs fiduciary under section 30-4513 .
(4) Beneficiary means a person that:
(A) has a present or future, vested or contingent, beneficial interest in a trust;
(B) holds a power of appointment over trust property; or
(C) is an identified charitable organization that will or may receive distributions under the terms of the trust.
(5) Charitable interest means an interest in a trust which:
(A) is held by an identified charitable organization and makes the organization a qualified beneficiary;
(B) benefits only charitable organizations and, if the interest were held by an identified charitable organization, would make the organization a qualified beneficiary; or
(C) is held solely for charitable purposes and, if the interest were held by an identified charitable organization, would make the organization a qualified beneficiary.
(6) Charitable organization means:
(A) a person, other than an individual, organized and operated exclusively for charitable purposes; or
(B) a government or governmental subdivision, agency, or instrumentality, to the extent it holds funds exclusively for a charitable purpose.
(7) Charitable purpose has the same meaning as the description of a charitable trust in section 30-3831 .
(8) Court means the court in this state having jurisdiction in matters relating to trusts.
(9) Current beneficiary means a beneficiary that on the date the beneficiary's qualification is determined is a distributee or permissible distributee of trust income or principal. The term includes the holder of a presently exercisable general power of appointment but does not include a person that is a beneficiary only because the person holds any other power of appointment.
(10) Decanting power or the decanting power means the power of an authorized fiduciary under the act to distribute property of a first trust to one or more second trusts or to modify the terms of the first trust.
(11) Expanded distributive discretion means a discretionary power of distribution that is not limited to an ascertainable standard or a reasonably definite standard.
(12) First trust means a trust over which an authorized fiduciary may exercise the decanting power.
(13) First-trust instrument means the trust instrument for a first trust.
(14) General power of appointment means a power of appointment exercisable in favor of a powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate.
(15) Jurisdiction has the same meaning as in section 30-3803 .
(16) Person means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(17) Power of appointment means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. The term does not include a power of attorney.
(18) Powerholder means a person in which a donor creates a power of appointment.
(19) Presently exercisable power of appointment means a power of appointment exercisable by the powerholder at the relevant time. The term:
(A) includes a power of appointment exercisable only after the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified time only after:
(i) the occurrence of the specified event;
(ii) the satisfaction of the ascertainable standard; or
(iii) the passage of the specified time; and
(B) does not include a power exercisable only at the powerholder's death.
(20) Qualified beneficiary has the same meaning as in section 30-3803 .
(21) Reasonably definite standard means a clearly measurable standard under which a holder of a power of distribution is legally accountable within the meaning of 26 U.S.C. 674(b)(5)(A), as such section existed on November 14, 2020, and any applicable regulations.
(22) Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(23) Second trust means:
(A) a first trust after modification under the Uniform Trust Decanting Act; or
(B) a trust to which a distribution of property from a first trust is or may be made under the act.
(24) Second-trust instrument means the trust instrument for a second trust.
(25) Settlor, except as otherwise provided in section 30-4525 , has the same meaning as in section 30-3803 .
(26) Sign means, with present intent to authenticate or adopt a record:
(A) to execute or adopt a tangible symbol; or
(B) to attach to or logically associate with the record an electronic symbol, sound, or process.
(27) State has the same meaning as in section 30-3803 .
(28) Terms of the trust means:
(A) Except as otherwise provided in subdivision (B) of this subdivision, the manifestation of the settlor's intent regarding a trust's provisions as:
(i) expressed in the trust instrument; or
(ii) established by other evidence that would be admissible in a judicial proceeding; or
(B) the trust's provisions as established, determined, or amended by:
(i) a trustee or other person in accordance with applicable law;
(ii) a court order; or
(iii) a nonjudicial settlement agreement under section 30-3811 .
(29) Trust instrument means a record executed by the settlor to create a trust or by any person to create a second trust which contains some or all of the terms of the trust, including any amendments.

Legislative History

Source: Laws 2020, LB808, § 12.