Is there language that restricts the role of the Disinterested Trustee solely to distributions that are not subject to an ascertainable standard, or to actions that would lead to adverse tax consequences for the Interested Trustee?
We don’t have language that limits the powers of a Disinterested Trustee. Our documents limit the powers of Interested Trustees in many areas where the power could result in the trustee having a general power of appointment or making a taxable gift, and those powers – because they cannot be exercised by Interested Trustees – are necessarily reserved to Disinterested Trustees.
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