Health and Education in Trust Administration

For decades, attorneys and trustees have relied on the definition of “ascertainable distribution standards” in Internal Revenue Code Sections 2044 and 2514. Commonly referred to as the “HEMS” standard, the terms “health,” “education,” “maintenance” and “support” have become mainstays of many trust distribution provisions. While there’s significant authority, in both case law and dicta, about the meaning of &ldquo