Right to specific execution lets competent beneficiaries compel transfer of trust property; marital protections can restrict that transfer. A beneficiary is entitled to specific execution of a trust to the extent of their interest and, if sole and competent or if all beneficiaries are competent and unanimous, may require the trustee to transfer trust property to them or to a person they direct, or elect to take property in its original form. A protective exception prevents application of the transfer right where property is settled for a married woman so she cannot deprive herself of the beneficial interest during her marriage.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Right to specific execution lets competent beneficiaries compel transfer of trust property; marital protections can restrict that transfer.
A beneficiary is entitled to specific execution of a trust to the extent of their interest and, if sole and competent or if all beneficiaries are competent and unanimous, may require the trustee to transfer trust property to them or to a person they direct, or elect to take property in its original form. A protective exception prevents application of the transfer right where property is settled for a married woman so she cannot deprive herself of the beneficial interest during her marriage.
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