The power to adjust and the ability to make a unitrust election are fairly new concepts in trust law, the former created by the Uniform Principal and Income Act (UPAIA) and the latter enacted by various state legislatures. As a result, trustees may not be sure how to properly implement these concepts. A few cases have been decided to provide some guidance to trustees. Undoubtedly, as trustees use these tools more frequently, more decisions will clarify how to correctly use these powers. ...

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