(a) In this section, "undistributed income" means net income
received before the date on which an income interest ends. The
term does not include an item of income or expense that is due or
accrued or net income that has been added or is required to be
added to principal under the terms of the trust.
(b) When a mandatory income interest ends, the trustee shall
pay to a mandatory income beneficiary who survives that date, or
the estate of a deceased mandatory income beneficiary whose death
causes the interest to end, the beneficiary's share of the
undistributed income that is not disposed of under the terms of
the trust unless the beneficiary has an unqualified power to
revoke more than five percent of the trust principal immediately
before the income interest ends. In the latter case, the
undistributed income from the portion of the trust that may be
revoked must be added to principal.
(c) When a trustee's obligation to pay a fixed annuity or a
fixed fraction of the value of the trust's assets ends, the
trustee shall prorate the final payment if and to the extent
required by applicable law to accomplish a purpose of the trust
or its settlor relating to income, gift, estate, or other tax
requirements.
[2002 c 345 § 303.]