633A.4703 - GENERAL ORDER FOR ABATEMENT.
633A.4703 GENERAL ORDER FOR ABATEMENT. Except as otherwise provided by the governing instrument, where necessary to abate shares of the beneficiaries of a trust for the payment of debts and charges, federal estate taxes, bequests, the share of the surviving spouse who takes an elective share, and the shares of children born or adopted after the execution of the trust, abatement shall occur in the following order: 1. Shares allocated to the residuary beneficiaries of the trust shall be abated first, on a pro rata basis. 2. Shares defined by a dollar amount, on a pro rata basis. 3. Shares described as specific items of property whether tangible or intangible shall be abated last, and such abatement shall be done as equitably by the trustee among the various beneficiaries as circumstances reasonably allow. 4. Notwithstanding subsections 1, 2, or 3, a disposition in favor of the settlor's surviving spouse who does not take an elective share shall not be abated where such abatement would have the effect of increasing the amount of federal estate or federal gift taxes payable by a person or an entity.
Section History: Recent Form 2005 Acts, ch 38, §44; 2007 Acts, ch 134, §19, 20, 28; 2008 Acts, ch 1119, §31
Footnotes 2007 amendments to unnumbered paragraph 1 and subsection 4 apply to estates of decedents dying on or after July 1, 2007; 2007 Acts, ch 134, §28