55-1-39. Bifurcation of trust.
To the extent a trust contains any combination of a mandatory provision, a support provision, the trust shall be bifurcated as follows:
(1)The trust shall be a mandatory interest only to the extent of the mandatory language;
(2)The trust shall be a support interest only to the extent of such support language;
(3)The remaining trust property shall be held as a discretionary interest;
(4)A support interest that includes mandatory language such as "shall" but is subsequently qualified by discretionary language, shall be classified as a discretionary interest and not as a support interest.
Source: SL 2007, ch 280, §16.