(1) In this section, "beneficiary" means an ascertainable person who has a present or future interest in a trust estate.
(2) "Beneficiary" includes:
(i) If the beneficiary is a minor, the beneficiary's natural or legal guardian; or
(ii) If the beneficiary is a disabled person, as defined in § 13-101 of this article, any person acting on behalf of the beneficiary under a guardianship, conservatorship, or committee.
(b) Donation prerequisites.- A trustee may donate a conservation easement on any real property, or consent to the donation of a conservation easement on any real property by a personal representative of an estate of which the trustee is a legatee, in order to obtain the benefit of the estate tax exclusion allowed under § 2031 (c) of the United States Internal Revenue Code of 1986, as amended, if:
(1) The governing instrument authorizes or directs the donation of a conservation easement on the real property; or
(2) Each beneficiary who has an interest in the real property that would be affected by the conservation easement consents in writing to the donation.
(1) In this section, "beneficiary" means an ascertainable person who has a present or future interest in a trust estate.
(2) "Beneficiary" includes:
(i) If the beneficiary is a minor, the beneficiary's natural or legal guardian; or
(ii) If the beneficiary is a disabled person, as defined in § 13-101 of this article, any person acting on behalf of the beneficiary under a guardianship, conservatorship, or committee.
(b) Donation prerequisites.- A trustee may donate a conservation easement on any real property, or consent to the donation of a conservation easement on any real property by a personal representative of an estate of which the trustee is a legatee, in order to obtain the benefit of the estate tax exclusion allowed under § 2031 (c) of the United States Internal Revenue Code of 1986, as amended, if:
(1) The governing instrument authorizes or directs the donation of a conservation easement on the real property; or
(2) Each beneficiary who has an interest in the real property that would be affected by the conservation easement consents in writing to the donation.
(1) In this section, "beneficiary" means an ascertainable person who has a present or future interest in a trust estate.
(2) "Beneficiary" includes:
(i) If the beneficiary is a minor, the beneficiary's natural or legal guardian; or
(ii) If the beneficiary is a disabled person, as defined in § 13-101 of this article, any person acting on behalf of the beneficiary under a guardianship, conservatorship, or committee.
(b) Donation prerequisites.- A trustee may donate a conservation easement on any real property, or consent to the donation of a conservation easement on any real property by a personal representative of an estate of which the trustee is a legatee, in order to obtain the benefit of the estate tax exclusion allowed under § 2031 (c) of the United States Internal Revenue Code of 1986, as amended, if:
(1) The governing instrument authorizes or directs the donation of a conservation easement on the real property; or
(2) Each beneficiary who has an interest in the real property that would be affected by the conservation easement consents in writing to the donation.
