Trustee's Power to Adjust Between Principal and Income

A. A trustee may adjust between principal and income to the extent the trustee considers necessary if the trustee invests and manages trust assets as a prudent investor, the terms of the trust describe the amount that may or must be distributed to a beneficiary by referring to the trust's income and the trustee determines, after applying the provisions of section 14-7402, subsection A, that the trustee is unable to comply with section 14-7402, subsection B. B. In deciding whether and to what extent to exercise the power conferred by subsection A of this section, a trustee shall consider all factors relevant to the trust and its beneficiaries, including the following factors to the extent they are relevant: 1. The nature, purpose and expected duration of the trust. 2. The intent of the settlor. 3. The identity and circumstances of the beneficiaries. 4. The need for liquidity, regularity of income and preservation and appreciation of capital. 5. The assets held in the trust. 6. The net amount allocated to income under this article and the increase or decrease in the value of the principal assets. 7. Whether and to what extent the terms of the trust give the trustee the power to invade principal or accumulate income or prohibit the trustee from invading principal or accumulating income. 8. The actual and anticipated effect of economic conditions on principal and income and effects of inflation and deflation. 9. The anticipated tax consequences of an adjustment. 10. Whether the trust has been converted to a unitrust pursuant to section 14-11014. C. A trustee may not make an adjustment: 1. That diminishes the income interest in a trust that requires all of the income to be paid at least annually to a spouse and for which an estate tax or gift tax marital deduction would be allowed. 2. That reduces the actuarial value of the income interest in a trust to which a person transfers property with the intent to qualify for a gift tax exclusion. 3. That changes the amount payable to a beneficiary as a fixed annuity or a fixed fraction of the value of the trust assets. 4. From any amount that is permanently set aside for charitable purposes under a will or the terms of a trust unless both income and principal are so set aside. 5. If possessing or exercising the power to make an adjustment causes an individual to be treated as the owner of all or part of the trust for income tax purposes. 6. If possessing or exercising the power to make an adjustment causes all or part of the trust assets to be included for estate tax purposes in the estate of an individual who has the power to remove a trustee or appoint a trustee. 7. If the trustee is a beneficiary of the trust. 8. If the trustee is not a beneficiary, but the adjustment would benefit the trustee directly or indirectly. D. If subsection C, paragraph 5, 6, 7 or 8 of this section applies to a trustee and there is more than one trustee, a cotrustee to whom the provision does not apply may make the adjustment unless the exercise of the power by the remaining trustee or trustees is not permitted by the terms of the trust. E. A trustee may release the entire power conferred by subsection A of this section or may release only the power to adjust from income to principal or the power to adjust from principal to income. F. Terms of a trust that limit the power of a trustee to make an adjustment between principal and income do not affect the application of this section unless it is clear from the terms of the trust that the terms are intended to deny the trustee the power of adjustment conferred by subsection A of this section.