2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 77 - Trusts
7744 - Discretionary trusts; effect of standard - UTC 504.

     § 7744.  Discretionary trusts; effect of standard - UTC 504.
        (a)  (Reserved).
        (b)  Distribution not compelled.--Except as otherwise
     provided in subsection (c), whether or not a trust contains a
     spendthrift provision, a creditor of a beneficiary may not
     compel a distribution that is subject to the trustee's
     discretion, even if:
            (1)  the discretion is expressed in the form of a
        standard of distribution;
            (2)  the trustee has abused the discretion; or
            (3)  the beneficiary is the trustee or a cotrustee of the
        trust.
        (c)  Exception.--To the extent a trustee has not complied
     with a standard of distribution or has abused a discretion:
            (1)  a distribution from the trust's income, principal or
        both may be ordered by the court to satisfy a judgment or
        court order against the beneficiary for support or
        maintenance of the beneficiary's child to the extent of the
        beneficiary's interests in the trust's income, principal or
        both, and the court shall direct the trustee to pay the child
        from the trust an amount as is equitable under the
        circumstances, but not more than the amount the trustee would
        have been required to distribute to or for the benefit of the
        beneficiary had the trustee complied with the standard or not
        abused the discretion; and
            (2)  a distribution from trust income may be ordered by
        the court to satisfy a judgment or court order against the
        beneficiary for support or maintenance of any person other
        than the beneficiary's child to the extent of the
        beneficiary's interest in the income of the trust, and the
        court shall direct the trustee to pay the person an amount
        from the income of the trust as is equitable under the
        circumstances, but not more than the amount of income the
        trustee would have been required to distribute to or for the
        benefit of the beneficiary had the trustee complied with the
        standard or not abused the discretion.
        (d)  Proceeding against trustee.--This section does not limit
     the right of a beneficiary to maintain a judicial proceeding
     against a trustee for an abuse of discretion or failure to
     comply with a standard for distribution.
        (e)  (Reserved).
        (f)  Definition.--As used in this section, the term "child"
     includes any person for whom an order or judgment for child
     support has been entered in this Commonwealth or another state.

        Cross References.  Section 7744 is referred to in section
     7745 of this title.