Section 3.75 Ascertainable Standard

• Library: Trusts and Powers 2013 Supp

A. (§3.75) Ascertainable Standard

Section 456.8-814.1, RSMo Supp. 2005, provides that a “trustee shall exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.” This exercise of discretionary power should be made regardless of any broad terms used in the trust, such as “absolute,” “sole,” or “uncontrolled.” Id. Section 456.8-814.2 provides:

Subject to subsection 4 of this section, and unless the terms of the trust...