637.613 Construction and applicability.
This subchapter shall be construed as pertaining to the administration of a trust and shall be available to any trust that is administered in Iowa under Iowa law unless any of the following apply:
1. The governing instrument reflects an intention that the current beneficiary or beneficiaries are to receive an amount other than a reasonable current return from the trust.
2. The trust is a trust described in section 170(f)(2)(B), 664(d), 1361(d), 2702(a)(3), or 2702(b) of the Internal Revenue Code.
3. One or more persons to whom the trustee could distribute income have a power of withdrawal over the trust that is not subject to an ascertainable standard under section 2041 or 2514 of the Internal Revenue Code or that can be exercised to discharge a duty of support the person possesses.
4. The governing instrument expressly prohibits use of this subchapter by specific reference to the subchapter. A provision in the governing instrument that the provisions of sections 637.601 through 637.615 or any corresponding provision of future law shall not be used in the administration of this trust or similar words reflecting such intent shall be sufficient to preclude the use of this subchapter.
2002 Acts, ch 1086, §17, 21
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 637 - UNIFORM PRINCIPAL AND INCOME ACT
Section 637.101 - Short title.
Section 637.102 - Definitions.
Section 637.103 - Fiduciary duties — general principles.
Section 637.201 - Determination and distribution of net income.
Section 637.202 - Distribution to residuary and remainder beneficiaries.
Section 637.301 - When right to income begins and ends.
Section 637.303 - Apportionment when income interest ends.
Section 637.401 - Character of receipts.
Section 637.402 - Distribution from trust or estate.
Section 637.403 - Business and other activities conducted by trustee.
Section 637.410 - Principal receipts.
Section 637.411 - Rental property.
Section 637.412 - Obligation to pay money.
Section 637.413 - Insurance policies and similar contracts.
Section 637.420 - Insubstantial allocations not required.
Section 637.421 - Deferred compensation, annuities, and similar payments.
Section 637.422 - Liquidating asset.
Section 637.423 - Minerals, water, and other natural resources.
Section 637.425 - Property not productive of income.
Section 637.426 - Derivatives and options.
Section 637.427 - Asset-backed securities.
Section 637.501 - Disbursements from income.
Section 637.502 - Disbursements from principal.
Section 637.503 - Transfers from income to principal for depreciation.
Section 637.504 - Transfers from income to reimburse principal.
Section 637.505 - Income taxes.
Section 637.506 - Adjustments between principal and income because of taxes.
Section 637.601 - Definitions.
Section 637.602 - Trustee’s authority to convert.
Section 637.603 - Trustee requirements to convert or change computation method.
Section 637.604 - Interested trustee’s authority to convert.
Section 637.605 - Interested trustee requirements to convert or change computation method.
Section 637.606 - Petition to court to convert trust.
Section 637.607 - Valuation of trust.
Section 637.608 - Payout percentage.
Section 637.609 - Unitrust amount.
Section 637.610 - Procedure upon conversion of income trust to total return unitrust.
Section 637.611 - Total return unitrust administration.
Section 637.612 - Principal distributions subject to governing instrument.
Section 637.613 - Construction and applicability.
Section 637.614 - Good faith actions.
Section 637.615 - Effective date.
Section 637.701 - Application of chapter to existing trusts and estates — chapter prevails.