1. Unless expressly prohibited by the trust instrument, a trustee may convert a trust into a unitrust if:
(a) The trustee determines conversion to a unitrust will better enable the trustee to carry out the intent of the settlor and the purpose of the trust;
(b) The trustee gives written notice of his or her intention to convert the trust to a unitrust, including how the unitrust will operate, the income distributions rate established pursuant to subsection 3 of NRS 164.797 and subsection 1 of NRS 164.799, and what initial decisions the trustee will make pursuant to this section, to all beneficiaries who:
(1) Are presently eligible to receive income from the trust;
(2) Would be eligible, if a power of appointment were not exercised, to receive income from the trust if the interest of any beneficiary eligible to receive income terminated immediately before the trustee gives notice; and
(3) Would receive, if a power of appointment were not exercised, a distribution of principal if the trust terminated immediately before the trustee gives notice;
(c) There is at least one beneficiary who meets the requirements of subparagraph (1) of paragraph (b) and at least one beneficiary who meets the requirements of subparagraph (2) of paragraph (b); and
(d) No beneficiary objects, in writing and delivered to the trustee within 60 days of the mailing of the notice, to the conversion of the trust to a unitrust.
2. If a beneficiary timely objects to converting a trust into a unitrust, or if there are no beneficiaries under either subparagraph (1) or (3) of paragraph (b) of subsection 1, the trustee may petition the court to approve the conversion of the trust into a unitrust. The court shall approve the conversion if the court concludes that the conversion will enable the trustee to better carry out the intent of the settlor and the purpose of the trust.
3. A beneficiary may request that a trustee convert a trust into a unitrust. If the trustee does not convert the trust, the beneficiary may petition the court to order the conversion. The court shall direct the conversion if the court concludes that the conversion will enable the trustee to better carry out the intent of the settlor and the purpose of the trust.
4. A trustee, in determining whether and to what extent to convert a trust to a unitrust pursuant to subsection 1, shall consider all factors relevant to the trust and to the beneficiaries, including the factors set forth in subsection 2 of NRS 164.795, as applicable.
5. A conversion of a trust to a unitrust does not affect a term of the trust directing or authorizing the trustee to distribute principal or authorizing a beneficiary to withdraw all or a portion of the principal.
6. A trustee may not convert a trust into a unitrust in any circumstance set forth in subsection 3 of NRS 164.795.
7. If a trustee is prevented from converting a trust because a provision of paragraph (e), (f), (g) or (h) of subsection 3 of NRS 164.795 applies to the trustee and if there is a cotrustee to whom such provisions do not apply, the cotrustee may convert the trust unless the exercise of the power by the remaining trustee is not permitted by the terms of the trust. If all trustees are prevented from converting a trust because a provision of paragraph (e), (f), (g) or (h) of subsection 3 of NRS 164.795 applies to all of the trustees, the trustees may petition the court to direct a conversion.
8. A trustee may permanently, or for a specified period, including a period measured by the life of a person, release the power to convert a trust pursuant to subsection 1 if:
(a) The trustee is uncertain about whether possessing or exercising the power of conversion will cause a result described in paragraphs (a) to (f), inclusive, or (h) of subsection 3 of NRS 164.795; or
(b) The trustee determines that possessing or exercising the power of conversion may or will deprive the trust of a tax benefit or impose a tax burden not described in subsection 3 of NRS 164.795.
9. A trustee or disinterested person who, in good faith, fails to take any action under this section is not liable to any person affected by such action or inaction, regardless of whether the affected person received notice as provided in this section or was under a legal disability at the time of delivery of notice. An affected person’s exclusive remedy is to petition the court for an order directing the trustee to convert the trust into a unitrust, to reconvert a unitrust into a trust or to change the percentage used to calculate the unitrust amount.
10. This section shall be construed to pertain to the administration of a trust, and the provisions of this section are available to any trust administered in this State or that is governed by the laws of this State, unless:
(a) The terms of the trust instrument show an intent that a beneficiary is to receive an amount other than a reasonable current return from the trust;
(b) The trust:
(1) Has a guaranteed annuity interest or fixed percentage interest as described in section 170(f)(2)(B) of the Internal Revenue Code;
(2) Is a charitable remainder trust within the meaning of section 664(d) of the Internal Revenue Code;
(3) Is a qualified subchapter S trust within the meaning of section 1361(c) of the Internal Revenue Code;
(4) Is a personal residence trust within the meaning of section 2702(a)(3)(A) of the Internal Revenue Code; or
(5) Is a trust in which one or more settlors retain a qualified interest within the meaning of section 2702(b) of the Internal Revenue Code;
(c) 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 or that can be exercised to discharge a duty of support; or
(d) The terms of the trust instrument expressly prohibit the use of the provisions of this section through reference to this section or the trust instrument expressly states the settlor’s intent that net income is not calculated as a unitrust amount.
11. As used in this section, "ascertainable standard" means a standard relating to an individual’s health, education, support or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code and any regulations of the United States Treasury promulgated thereunder.
(Added to NRS by 2009, 795)
Structure Nevada Revised Statutes
Chapter 164 - Administration of Trusts
NRS 164.030 - Petition for instructions: Notice; hearing; final order; appeal.
NRS 164.037 - Petitions: Notice and hearing.
NRS 164.043 - Expenses and compensation of trustees.
NRS 164.067 - Power to sell, convey or encumber.
NRS 164.080 - Establishment; investments; management.
NRS 164.100 - Uniformity of interpretation.
NRS 164.130 - Transfer by court to district court in this State or court outside Nevada.
NRS 164.400 - Presentation; effect; form.
NRS 164.430 - Reliance upon facts contained in certification; enforceability.
NRS 164.440 - Failure to demand certification not improper act; liability.
NRS 164.645 - "Charitable purpose" defined.
NRS 164.647 - "Endowment fund" defined.
NRS 164.650 - "Gift instrument" defined.
NRS 164.653 - "Institution" defined.
NRS 164.655 - "Institutional fund" defined.
NRS 164.657 - "Person" defined.
NRS 164.660 - "Program-related asset" defined.
NRS 164.663 - "Record" defined.
NRS 164.665 - Standard of conduct in managing and investing institutional fund.
NRS 164.670 - Delegation of management and investment functions.
NRS 164.673 - Release or modification of restrictions on management, investment or purpose.
NRS 164.675 - Reviewing compliance.
NRS 164.677 - Relation to Electronic Signatures in Global and National Commerce Act.
NRS 164.680 - Uniformity of application and construction.
NRS 164.715 - Acting in interest of beneficiaries.
NRS 164.720 - Trust having two or more beneficiaries; impartial administration of trust or estate.
NRS 164.750 - Diversification of investments.
NRS 164.760 - Incurring costs.
NRS 164.765 - Determination of compliance with prudent investor rule.
NRS 164.775 - Terms and language of trust which authorize certain investments or strategies.
NRS 164.797 - Administration of unitrust: Duties of trustee; valuation of assets of trust.
NRS 164.798 - Administration of unitrust: Powers of trustee; manner of distributions.
NRS 164.800 - Applicable rules after death of decedent or end of income interest in trust.
NRS 164.835 - Accounting separately for business or other activity.
NRS 164.840 - Allocation of assets, money, property and other receipts to principal.
NRS 164.870 - Allocation of receipts from liquidating assets to income and principal.
NRS 164.905 - Disbursements required to be made from principal.
NRS 164.915 - Transfer of amount from income to principal to make certain principal disbursements.
NRS 164.920 - Payment of taxes required to be paid by trustee.
NRS 164.960 - Applicability of NRS 111.781 to transfers of property made pursuant to trust.