Vermont § 1402 - Definitions As used in this chapter:
Full text of Vermont Vermont Statutes Online § 1402 — Definitions As used in this chapter:, with citation guidance and answers to common questions.
§ 1402. Definitions As used in this chapter:
- (1) “Appointive property” means the property or property interest subject to a power of
appointment. (2) “Ascertainable standard” has the same meaning as in subdivision 103(2) of this title. (3) “Authorized fiduciary” means: (A) a trustee or other fiduciary, other than a settlor, that has discretion to distribute
or direct a trustee to distribute part or all of the principal of the first trust
to one or more current beneficiaries; (B) a special fiduciary appointed under section 1409 of this title; or (C) a special-needs fiduciary under section 1413 of this title. (4) “Beneficiary” has the same meaning as in subdivision 103(3) of this title. (5) “Charitable interest” means an interest in a trust that: (A) is held by an identified charitable organization and makes the organization a qualified
beneficiary; (B) benefits only charitable organizations and, if the interest were held by an identified
charitable organization, would make the organization a qualified beneficiary; or (C) is held solely for charitable purposes and, if the interest were held by an identified
charitable organization, would make the organization a qualified beneficiary. (6) “Charitable organization” means: (A) a person, other than an individual, organized and operated exclusively for charitable
purposes; or (B) a government or governmental subdivision, agency, or instrumentality, to the extent
it holds funds exclusively for a charitable purpose. (7) “Charitable purpose” means the relief of poverty, the advancement of education or
religion, the promotion of health, a municipal or other governmental purpose, or another
purpose the achievement of which is beneficial to the community. (8) “Court” means the court in this State having jurisdiction in matters relating to trusts. (9) “Current beneficiary” means a beneficiary that on the date the beneficiary’s qualification
is determined is a distributee or permissible distributee of trust income or principal.
The term includes the holder of a presently exercisable general power of appointment
but does not include a person that is a beneficiary only because the person holds
any other power of appointment. (10) “Decanting power” or “the decanting power” means the power of an authorized fiduciary
under this chapter to distribute property of a first trust to one or more second trusts
or to modify the terms of the first trust. (11) “Expanded distributive discretion” means a discretionary power of distribution that
is not limited to an ascertainable standard or a reasonably definite standard. (12) “First trust” means a trust over which an authorized fiduciary may exercise the decanting
power. (13) “First-trust instrument” means the trust instrument for a first trust. (14) “General power of appointment” means a power of appointment exercisable in favor of
a powerholder, the powerholder’s estate, a creditor of the powerholder, or a creditor
of the powerholder’s estate. (15) “Jurisdiction,” with respect to a geographic area, includes a state or country. (16) “Person” has the same meaning as in section 103 of this title. (17) “Power of appointment” means a power that enables a powerholder acting in a nonfiduciary
capacity to designate a recipient of an ownership interest in or another power of
appointment over the appointive property. The term does not include a power of attorney. (18) “Powerholder” means a person in which a donor creates a power of appointment. (19) “Presently exercisable power of appointment” means a power of appointment exercisable
by the powerholder at the relevant time. The term: (A) includes a power of appointment exercisable only after the occurrence of a specified
event, the satisfaction of an ascertainable standard, or the passage of a specified
time only after:
Frequently Asked Questions About Vermont § 1402
What does Vermont Statutes Online § 1402 cover?
Section 1402 ("Definitions As used in this chapter:") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Vermont § 1402?
A common citation format is "Vermont Statutes Online § 1402" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Vermont law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.
How does Vermont § 1402 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.