A. Subject to the provisions of subsection C of this section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to the provisions of Section 10 of this act, in the absence of a will or under a will or trust that does not contain an authorization to do so.
B. Subject to the provisions of subsection C of this section, a guardian may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to the provisions of Section 10 of this act.
C. A transfer according to the provisions of subsection A or B of this section may be made only if:
1. the personal representative, trustee, or guardian considers the transfer to be in the best interest of the minor,
2. the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument, and
3. the transfer is authorized by the court if it exceeds Ten Thousand Dollars ($10,000.00) in value.
Added by Laws 1986, c. 261, § 7, eff. Nov. 1, 1986.