Probate & Trust Law Section Conference Manual ... - Minnesota CLE

expenses; (B) to provide a Beneficiary with all or any portion of a down payment
to permit the Beneficiary to purchase a home; and (C) to permit a Beneficiary to
purchase or invest in a business in which the Beneficiary will be engaged on a fulltime
basis. Distributions need not be made equally among the Beneficiaries.
Annual distributions to any Beneficiary under this section shall be limited to an
amount equal to __________ percent (___%) of the value of the assets of the Trust
on the first day of the year in which the distribution occurs.
22. Separate Property. It is the Grantor's intention and direction that all
distributions of both income and principal to any Beneficiary be deemed gifts to the
Beneficiary alone and constitute the sole and separate property of the Beneficiary
receiving the distribution. Further, it is the Grantor's intention and direction that
the Trust Estate shall never be subject to equitable distribution or other claim of a
spouse or former spouse of a Beneficiary as a creditor of the Beneficiary or an
order for child support by any court under the laws of any state or country.
23. Spousal Rights. It is Grantors’ intention and direction that no spouse
of any Beneficiary shall ever have any rights under this Agreement. It is the
Grantors’ intention and direction that no spouse of a Beneficiary shall ever have the
right or power to compel any accounting of any Trustee acting hereunder nor shall
any such spouse, or any court acting on behalf of the spouse, ever have access to
the books or records of the Trust or the Trustee acting hereunder.
24. Court Interference - In addition, it is the Grantors’ intention and
direction that no court or other judicial authority shall have the power to compel
any trustee to make any distribution which would directly or indirectly benefit a
creditor including, but not limited to, a spouse or former spouse of any Beneficiary
who is a creditor of the Beneficiary.
25. No Contest/Waiver. It is the Grantors’ intention and direction that the
Beneficiaries shall accept the actions of the Trustee hereunder without objection.
In the event that any Beneficiary shall, directly or indirectly, object to any decision
by the Trustee with regard to the retention or distribution of the income or principal
of this Trust or in the event that any Beneficiary should, directly or indirectly assert
any claim against the Trustee, file or promote the filing of a petition or application
in any court to enjoin or compel the Trustee with regard to any distribution, or
otherwise interfere with the administration of this Trust, such Beneficiary shall
thereafter be ineligible for any distribution of income or principal from this Trust.
26. Evidence of Need. In exercising its discretion hereunder, the Trustee
shall be entitled to rely upon the written certification of the Beneficiary or the
guardian or other legal representative of the Beneficiary as to the nature and extent
of the Beneficiary's Needs and the Beneficiary's resources apart from the Trust to
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