633A.4702 - DISCRETIONARY LANGUAGE PREVAILS OVER OTHER STANDARD.
633A.4702 DISCRETIONARY LANGUAGE PREVAILS OVER OTHER STANDARD. In the absence of clear and convincing evidence to the contrary, language in a governing instrument granting a trustee discretion to make or withhold a distribution shall prevail over any language in the governing instrument indicating that the beneficiary may have a legally enforceable right to distributions or indicating a standard for payments or distributions.
Section History: Recent Form 2004 Acts, ch 1015, §30 C2005, §633.4702 2005 Acts, ch 38, §54 CS2005, §633A.4702