55-1-39. Bifurcation of trust.

To the extent a trust contains any combination of a mandatory provision, a support provision, the trust shall be bifurcated as follows:

(1)    The trust shall be a mandatory interest only to the extent of the mandatory language;

(2)    The trust shall be a support interest only to the extent of such support language;

(3)    The remaining trust property shall be held as a discretionary interest;

(4)    A support interest that includes mandatory language such as "shall" but is subsequently qualified by discretionary language, shall be classified as a discretionary interest and not as a support interest.

Source: SL 2007, ch 280, § 16.