1. A trustee shall make the following disbursements from income to the extent that they are not disbursements to which paragraph (b) or (c) of subsection 2 of NRS 164.800 applies:
(a) Except as otherwise provided in subsection 2 or otherwise ordered by the court, one-half of the regular compensation of the trustee and of any person providing investment advisory or custodial services to the trustee;
(b) Except as otherwise ordered by the court, one-half of all expenses for accountings, judicial proceedings, or other matters that involve both the income and remainder interests;
(c) All the other ordinary expenses incurred in connection with the administration, management or preservation of trust property and the distribution of income, including interest, ordinary repairs, regularly recurring taxes assessed against principal, and expenses of a proceeding or other matter that concerns primarily the income interest; and
(d) All recurring premiums on insurance covering the loss of a principal asset or the loss of income from or use of the asset.
2. If the amount charged to the income of an irrevocable trust pursuant to paragraph (a) of subsection 1 exceeds 15 percent of the income of the trust in the accounting period, the trustee shall exercise the authority in NRS 164.795 to equitably reduce the amount charged against income for that accounting period unless:
(a) The trustee, after taking into consideration the terms of the trust instrument, reasonably concludes that the reduction is not in the best interest of the beneficiaries of the trust;
(b) The reduction of the amount charged to income would violate the express terms of the trust instrument other than a general directive to comply with the Uniform Principal and Income Act (1997) or with a general provision that contains language similar to that found in paragraph (a) of subsection 1;
(c) The trustee is authorized under the terms of the trust instrument to distribute trust principal to each income beneficiary; or
(d) The trustee gives notice in compliance with NRS 164.725 of the intent not to make the adjustment and no current income beneficiary objects.
(Added to NRS by 2003, 1979; A 2007, 411; 2009, 801; 2011, 1470)
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.