Other transfers by fiduciary

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(a) Subject to subsection (c) of this section, a personal representative or trustee may make an irrevocable transfer to another adult or to a trust company, as custodian, for the benefit of a minor pursuant to section 21-309, in the absence of a will or under a will or trust that does not contain an authorization to do so.

(b) Subject to subsection (c) of this section, a conservator may make an irrevocable transfer to another adult or to a trust company, as custodian, for the benefit of the minor pursuant to section 21-309.

(c) A transfer under subsection (a) or (b) of this section may be made only if the following occur:

(1) The personal representative, the trustee, or the conservator considers the transfer to be in the best interests of the minor;

(2) The transfer is not prohibited by or inconsistent with the provisions of the applicable will, trust agreement, or other governing instrument; and

(3) The transfer is authorized by the court if it exceeds $10,000 in value.

(Mar. 12, 1986, D.C. Law 6-87, § 2(a), 33 DCR 278.)

Prior Codifications

1981 Ed., § 21-306.

Section References

This section is referenced in § 21-307 and § 21-320.

Editor's Notes

Uniform Law: This section is based upon § 6 of the Uniform Transfers to Minors Act.


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