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

meet those Needs. Such Trustee may, but shall not be required to, make further
inquiry into the authenticity of the facts so certified.
27. Facility of Payment. The Trustee, in the exercise of its sole and
absolute discretion, may make any distribution required or permitted to be made to
any Beneficiary, in any of the following ways: (A) to the Beneficiary directly; (B) to
the guardian or other legal representative of the Beneficiary; (C) by applying the
funds directly for the Beneficiary without the interposition of any guardian or other
legal representative; (D) to a custodian under any Uniform Gifts to Minors Act,
Uniform Transfer to Minors Act or similar Act pursuant to which a custodian is
acting or may be appointed; (E) by reimbursing or making direct payment to the
person who is actually caring for the Beneficiary (even though such person is not
the legal guardian or other legal representative of the Beneficiary) for expenditures
made for the Beneficiary; (F) to any other trust of which the Beneficiary is
determined by the Trustee, in the exercise of its sole and absolute discretion, to
have a significant beneficial interest, to be added to and administered as a part of
such trust; or (G) in any other manner permitted by law. In exercising the
discretion granted to the Trustee, the Trustee's decision with regard to the manner
of distribution shall be final and conclusive with respect to all distributions made by
the Trustee. Distributions in the manner provided in this section shall constitute a
complete discharge of the Trustee with respect to that distribution; provided,
however, that any distributions to a Beneficiary shall be made in a manner which
fully complies with requirements and limitations concerning that distribution.
28. Termination for Unforeseen Events. The Grantors recognize some or
all of the following conditions may arise in the future although they cannot now be
foreseen:
(A)
(B)
(C)
(D)
A radical change in the political, economic or social order in the United
States of America;
Legislation or court decisions highly detrimental to any trust created
hereunder or to any Beneficiary, as such, hereunder;
Lack of availability of suitable trust investments for an extended
period; and/or
Other events tending to greatly impair the intent and purposes of this
instrument, including, but not limited to, a change in the tax laws that
would result in the assets in any trust hereunder being taxed at a
higher rate if held in trust than if distributed outright to such
Beneficiary or Beneficiaries of such Trust.
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