Ark. Code Ann. § 28-70-408: Insubstantial allocations not required.
Where this section sits in the code
- Title 28 Wills, Estates, and Fiduciary Relationships
- Subtitle 5. Fiduciary Relationships
- Chapter 70 Uniform Principal And Income Act
- Subchapter 4 — Allocation of Receipts During Administration of Trust
- Part 3 — Receipts Normally Apportioned
If a trustee determines that an allocation between principal and income required by § 28-70-409, § 28-70-410, § 28-70-411, § 28-70-412, or § 28-70-415 is insubstantial, the trustee may allocate the entire amount to principal unless one of the circumstances described in § 28-70-104(c) applies to the allocation. This power may be exercised by a cotrustee in the circumstances described in § 28-70-104(d) and may be released for the reasons and in the manner described in § 28-70-104(e). An allocation is presumed to be insubstantial if:
(1) the amount of the allocation would increase or decrease net income in an accounting period, as determined before the allocation, by less than 10 percent; or
(2) the value of the asset producing the receipt for which the allocation would be made is less than 10 percent of the total value of the trust's assets at the beginning of the accounting period.
Collected 2026-09-17T21:09:03Z. Source file · JSON