Distributions provided for by the governing instrument, whether the original trust is divided into separate trusts under the provisions of Section 19-5-3, 19-5-5 or 19-5-6 hereof or the trusts are retained as separate trusts under the provisions of Section 19-5-4 or 19-5-5 hereof, may be made from either or both separate trusts in the absolute and uncontrolled discretion of the fiduciary; provided, however, in determining the total distributions, neither the division of a trust nor the retention as separate trusts shall result in the receipt by any beneficiary of a greater proportion of the total distributions than the beneficiary would have received if the trust or estate had not been so divided or retained separately.
Structure Code of Alabama
Title 19 - Fiduciaries and Trusts.
Chapter 5 - Preclusion or Minimization of Generation-Skipping Tax.
Section 19-5-2 - Allocation of GST Exemption.
Section 19-5-7 - Allocation of Distributions From Separate Trusts.
Section 19-5-8 - Purpose of Chapter.
Section 19-5-9 - Exercise of Authority by Fiduciary.
Section 19-5-10 - Fiduciary Not Liable for Acts in Good Faith.
Section 19-5-11 - Applicability of Chapter.
Section 19-5-12 - Chapter Effective as to Transfers in Trust, etc., on and After January 1, 1987.