75-7-817 - Marital deduction formulas -- Trusts.
75-7-817. Marital deduction formulas -- Trusts.
(1) For estates of decedents dying after December 31, 1981, where a decedent's trustexecuted before September 13, 1981, contains a formula expressly providing that the decedent'sspouse is to receive the maximum amount of property qualifying for the marital deductionallowable by federal law, this formula shall be construed as referring to the unlimited maritaldeduction allowable by federal law as amended by Section 403(a) of the Economic Recovery TaxAct of 1981.
(2) The intention of a trustor as expressed in the trust shall control the legal effect of anydispositions made by it for purposes of construing Subsection (1), and the rule of construction ofSubsection (1) shall apply unless a contrary intention is indicated by the trust.
Enacted by Chapter 89, 2004 General Session