(a) Irrevocable transfer by personal representative or trustee.--Subject to subsection (c), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to section 5309 (relating to manner of creating custodial property and effecting transfer) in the absence of a will or under a will or trust that does not contain an authorization to do so.
(b) Irrevocable transfer by guardian.--Subject to subsection (c), a guardian may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to section 5309.
(c) Additional requirements for transfer.--A transfer under subsection (a) or (b) may be made only if:
(1) the personal representative, trustee or guardian considers the transfer to be in the best interest of the minor;
(2) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement or other governing instrument; and
(3) the transfer is authorized by the court if it exceeds $25,000 in value.
(Oct. 12, 1999, P.L.422, No.39, eff. 60 days)
1999 Amendment. Act 39 amended subsec. (c). See section 13(8) of Act 39 in the appendix to this title for special provisions relating to applicability.
Cross References. Section 5306 is referred to in sections 5307, 5320 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 53 - Pennsylvania Uniform Transfers to Minors Act
Section 5301 - Short title of chapter and definitions
Section 5302 - Scope and jurisdiction
Section 5303 - Nomination of custodian
Section 5304 - Transfer by gift or exercise of power of appointment
Section 5305 - Transfer authorized by will or trust
Section 5306 - Other transfer by fiduciary
Section 5307 - Transfer by obligor
Section 5308 - Receipt for custodial property
Section 5309 - Manner of creating custodial property and effecting transfer
Section 5310 - Single custodianship
Section 5311 - Validity and effect of transfer
Section 5312 - Care of custodial property
Section 5313 - Powers of custodian
Section 5314 - Use of custodial property
Section 5315 - Expenses, compensation and bond of custodian
Section 5316 - Exemption of third person from liability
Section 5317 - Liability to third persons
Section 5318 - Renunciation, resignation, death or removal of custodian
Section 5319 - Accounting by and determination of liability of custodian.
Section 5320 - Termination of custodianship
Section 5321 - Delay in transfer of custodial property after minor attains age 21