Discretionary language prevails over other standard.

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633A.4702 Discretionary language prevails over other standard.

In the absence of clear and convincing evidence to the contrary, language in a governing instrument granting a trustee discretion to make or withhold a distribution shall prevail over any language in the governing instrument indicating that the beneficiary may have a legally enforceable right to distributions or indicating a standard for payments or distributions.

2004 Acts, ch 1015, §30

C2005, §633.4702

2005 Acts, ch 38, §54

CS2005, §633A.4702


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