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Proposed Pennsylvania Uniform Principal and Income Act and Other Proposed Amendments

INTRODUCTION
This is the fourteenth report of the Joint State Government Commission Advisory Committee on Decedents' Estates Laws since the June 30, 1972 codification of the Probate, Estates and Fiduciaries Code as Title 20 of the Pennsylvania Consolidated Statutes. At its June 4, 2001 meeting, the task force authorized the introduction of legislation recommended by the advisory committee. The legislation includes a revised Uniform Principal and Income Act and other proposed amendments to Title 20. The legislation and the official comments of the advisory committee are set forth on the following pages. The official comments may be used in determining the intent of the General Assembly. See 1 Pa.C.S. § 1939 and In re Martin's Estate, 365 Pa. 280, 74 A.2d 120 (1950).

SUMMARY OF RECOMMENDATIONS
The proposed legislation contains the following recommendations:

  • Enact the Pennsylvania Uniform Principal and Income Act as Chapter 81 of Title 20
  • Permit a trustee to convert a trust to a unitrust (§ 8105)
  • Incorporate the concept of the principal place of the trust's administration as the primary basis for determining the situs of the trust (§ 724)
  • Provide a rule of succession in the case of an intestacy occurring at the termination of a valid prior estate (§ 2104(11))
  • Clarify certain rules regarding the apportionment of Federal estate tax (§§ 3701, 3702(f) and (j))
  • Permit certain custodianships under the Pennsylvania Uniform Transfers to Minors Act to continue until not later than the time the minor attains the age of 25 years where the transfer is made pursuant to a provision in a will, trust or life insurance beneficiary designation (§§ 5320 and 5321)
  • Clarify that section 6205 (effect of disclaimer) is not intended to diminish the interest of any person other than the disclaimant in the disclaimed property which such person acquired in his or her own right (§ 6205(a))
  • Provide that nothing in section 6205 (effect of disclaimer) shall determine the effect of a disclaimer upon the rights of creditors of the disclaimant (§ 6205(d))
  • Establish a framework for trustee resignations (§§ 7104 and 7105)
JOINT STATE GOVERNMENT COMMISSION - GENERAL ASSEMBLY OF THE COMMONWEALTH OF PENNSYLVANIA
108 FINANCE BUILDING - HARRISBURG, PA 17120