State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 21540-21541

PROBATE CODE
SECTION 21540-21541



21540.  If an instrument indicates the transferor's intention to
comply with the Internal Revenue Code requirements for a charitable
remainder unitrust or a charitable remainder annuity trust as each is
defined in Section 664 of the Internal Revenue Code, the provisions
of the instrument, including any power, duty, or discretionary
authority given to a fiduciary, shall be construed to comply with the
charitable deduction provisions of Section 2055 or Section 2522 of
the Internal Revenue Code and the charitable remainder trust
provisions of Section 664 of the Internal Revenue Code in order to
conform to that intent. In no event shall the fiduciary take an
action or have a power that impairs the charitable deduction. The
provisions of the instrument may be augmented in any manner
consistent with Section 2055(e) or Section 2522(c) of the Internal
Revenue Code on a petition provided for in Section 17200.



21541.  If an instrument indicates the transferor's intention to
comply with the requirements for a charitable lead trust as described
in Section 170(f)(2)(B) and Section 2055(e)(2) or Section 2522(c)(2)
of the Internal Revenue Code, the provisions of the instrument,
including any power, duty, or discretionary authority given to a
fiduciary, shall be construed to comply with the provisions of that
section in order to conform to that intent. In no event shall the
fiduciary take any action or have any power that impairs the
charitable deduction. The provisions of the instrument may be
augmented in any manner consistent with that intent upon a petition
provided for in Section 17200.