Section 4.13 Form—Disclaimer Trust

• Library: Estate Planning 2013 Forms

Trust Agreement Containing Provisions for all Property to Pass to Trust A for the Benefit of the Spouse With General Power of Appointment Provisions; Property Disclaimed by Spouse Passes to Nonqualifying Trust B for the Benefit of Spouse and Descendants

Note: Only the dispositive provisions of the trust are set forth below. See the form in §4.9 above for the balance of the trust.

Article I

Distribution of Trust Property

A. Distribution During Life of Grantor

While Grantor is living, the Trustee shall pay to Grantor any net income of the trust and property or sums of money from the principal of the trust that Grantor may from time to time request, without limitation as to the amounts of or the reasons for such withdrawals of income or principal. The Trustee shall accumulate the net income of the trust not so requested by Grantor and shall add it to the principal of the trust at such times as the Trustee shall determine. In addition, during Grantor’s lifetime, the rights of the beneficiaries are subject to the control of, and the duties of the Trustee are owed exclusively to, Grantor.

B. Distribution of Tangible Personal Property Upon Death of Grantor

Upon Grantor’s death, the Trustee shall distribute all of the tangible personal property of the trust to Grantor’s spouse, Jane Doe, if Grantor’s spouse survives Grantor. If Grantor’s spouse does not survive Grantor, the Trustee shall distribute those items of tangible personal property of the trust that are described in the most recent list signed by Grantor and dated after the date of this Trust Agreement to Grantor’s survivors named in the list. To the extent that the list does not dispose of all the tangible personal property that is an asset of the trust at the date of Grantor’s death (or if the list is not found within thirty days after Grantor’s death), the Trustee shall distribute the tangible personal property to Grantor’s children who survive Grantor, as equally as is practical having regard for each child’s preferences, provided, however, that if the Trustee shall determine that distributing any of the property to Grantor’s children is undesirable or impractical, the Trustee shall sell it and add the proceeds to the rest of the trust.

C. Division of Rest of Property Upon Death of Grantor

Upon Grantor’s death, the Trustee shall divide the rest of the principal and any undistributed net income of the trust (together with any other property to which the Trustee may be entitled by reason of Grantor’s...