Please note that only the English version of this Trust Agreement will be signed for the creation of a IRREVOCABLE TRUST. The Chinese translation, serving as a summary of the English provisions, is provided to assist the Settlor in understanding the terms of this Trust Agreement. In the event of any discrepancy between the English and Chinese versions, the English version shall prevail.
提請注意，本件不可撤銷信託設立時僅簽署信託合約英文版。本信託合約的中文譯文為英文版條款的概要說明，旨在協助委託人理解本信託合約。中英文版本如有歧義，應以英文版為準。
（2024.11.05版）
Table of Contents
[NAME OF TRUST] AGREEMENT
FIRST Trust Management
(a) Name
(b) Prior to Division of Trust Estate
(1) Management
(2) Income and Principal
(3) Power to Add and Remove Permissible Class of Beneficiaries
(c) Division of Trust Estate
(1) Management
(2) Income and Principal
(3) Power to Add and Remove Permissible Class of Beneficiaries
(4) Death of Primary Beneficiary
(d) Separate Shares
(e) Contingent Beneficiaries
(f) Trust Distribution
SECOND Non-Grantor Trust Status
THIRD Rule Against Perpetuities
FOURTH Incapacity of Beneficiary
(a) Management
(b) Income and Principal
FIFTH Alienation
SIXTH Trust Additions and Mergers
(a) Additions
(b) Mergers
SEVENTH Trustee's Powers
EIGHTH Exclusive Duties of Trustee
NINTH Investment Direction Adviser
(a) Initial Appointment of Investment Direction Adviser
(b) Role and Function
(c) Loans, Guarantees and Creation of Entities
(d) Directions to Trustee
(e) Liability of Trustee
(f) Liability of Investment Direction Adviser
(g) Indemnification
(h) Resignation of Investment Direction Adviser
(i) Removal of Investment Direction Adviser
(j) Appointment of Additional or Successor Investment Direction Advisers
(k) Power to Hire Agents
(l) Compensation
TENTH Trust Protector
(a) Initial Appointment of Trust Protector
(b) Powers
(c) Directions to Trustee
(d) Liability of Trustee
(e) Limitations of Responsibilities
(f) Indemnification
(g) Resignation of Trust Protector
(h) Appointment of Additional or Successor Trust Protectors
(i) Removal of Trust Protector
(j) Agents and Advisers
(k) Compensation
ELEVENTH Distribution Adviser
(a) Initial Appointment of Distribution Adviser
(b) Role and Function
(c) Directions to Trustee
(d) Liability of Trustee
(e) Liability of Distribution Adviser
(f) Indemnification
(g) Resignation of Distribution Adviser
(h) Removal of Distribution Adviser
(i) Appointment of Additional or Successor Distribution Advisers
(j) Compensation
TWELFTH Payment of Death Taxes and Administration Expenses
THIRTEENTH Waiver of Prudent Investor Rule
FOURTEENTH Trustee's Commissions
FIFTEENTH Trust to be Irrevocable
SIXTEENTH Resignation, Removal and Appointment of Trustees
(a) Resignation of Trustee
(b) Removal of Trustee
(c) Appointment of Successor Trustee
(d) Delivery of Trust Assets
(e) Liability of Predecessor Trustee
(f) Merger of Trustee
SEVENTEENTH Subchapter S Stock
EIGHTEENTH Interested Fiduciary
NINETEENTH Definitions
TWENTIETH Controlling Law
TWENTY-FIRST United States Trust
(a) United States person
(b) Exception
TWENTY-SECOND Limitation on Powers of Non-United States Person
(a) Limitations on Powers
(b) Exception
(c) Reliance Upon Certifications
TWENTY-THIRD Liability of Trustee
TWENTY-FOURTH Bonds, Accountings, and Privacy Provisions
TWENTY-FIFTH Binding Effect
TWENTY-SIXTH Acknowledgment by Trustee
TWENTY-SEVENTH Agreement in Counterparts
This [Name of Trust] Agreement (the “Agreement” or “Trust Agreement”) is made this ____ day of_______________, 2024, between [Name of Grantor], of [Country / County & State of Grantor's residence], hereinafter “Grantor,” and [Name of Trustee], an independent Nevada trust company, hereinafter “Trustee.”
本[OOO信託]合約（以下簡稱「本合約」或「本信託合約」）於2024年__月__日由[Country / County & State of Grantor's residence]之[Name of Grantor]（以下簡稱「委託人」）及[Name of Trustee]（獨立的內華達州信託公司）為受託人（以下簡稱「 受託人」）締結。
WHEREAS, the Grantor desires to establish an irrevocable trust funded with such property as the Grantor may from time to time deposit into trust under this Agreement, together with the investments, reinvestments and proceeds thereof (all of which, with the investments, reinvestments and proceeds thereof, shall be termed the “Trust estate”).
委託人希望設立一不可撤銷信託，以委託人依本信託合約隨時存入信託的財產，及以該財產進行投資、再投資並產生的收益作為資金（前述財產及其投資、再投資與收益合稱為「本信託財產」）。
WHEREAS, the Trustee accepts such trust and agrees to administer it in accordance with the terms and conditions of this Agreement.
受託人接受本信託並同意依本合約條款與條件來管理本信託。
NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the Grantor hereby delivers to the Trustee the property described on Schedule “A” in trust which the Grantor has absolutely and irrevocably transferred to the Trustee for the following uses and purposes and subject to the terms and conditions contained in this Agreement.
鑒於本合約中相互的承諾與約定，委託人絕對且不可撤銷地將本合約附表A裡所述之財產移轉予受託人，為以下目的而使用，並應符合本合約所包含之條款與條件。
FIRST Trust Management
The Trustee shall hold, manage, invest and reinvest the Trust estate, shall collect and receive the income therefrom, shall pay out of such income all expenses and charges properly payable therefrom and shall dispose of the net income and principal as set forth below:
第一條 信託管理
受託人應依以下所述規定來持有、管理、投資及再投資信託財產，收取與接收信託收益，以信託收益支付所有應適當支付之費用與開銷，並應依以下所述處分淨收益及本金。
(a) Name
This Trust Agreement may be referred to and administered pursuant to the provisions hereof as “[Name of Trust] AGREEMENT.” The trust created pursuant to the provisions of section (b) of this Article FIRST may be referred to as “[Name of Trust].” Each trust, share or portion created pursuant to the provisions hereof (other than the trust created pursuant to the provisions of section (b) of this Article FIRST) may be referred to as “[NAME OF TRUST] F/B/O A PARTICULAR BENEFICIARY” with the name of the person for whose primary benefit such trust, portion or share is held inserted after “F/B/O.” Unless otherwise provided in this Agreement, the terms “Trust Estate” or “Trust” as used throughout this Agreement shall refer to each trust created by or pursuant to this Agreement.
(a)名稱定義
本合約名為「OOO信託合約」，並依其條文管理。依第一條(b)成立之信託名為「OOO信託」，每個依本合約成立之衍生信託、持分或信託之一部分得被命名為「為特定受益人之OOO信託」（此特定受益人為該衍生信託、持分或信託一部分之主要受益人人名）。除非本合約另有規定，「本信託財產」或「本信託」應指依本合約成立之各別信託。
(b) Prior to Division of Trust Estate
Prior to the division of the Trust estate in accordance with section (c) of this Article FIRST, the Trustee shall hold, administer and distribute the Trust estate as follows:
(b)信託分割前之管理
在依第一(c)條分割信託財產之前，受託人應依以下所述規定持有、管理及分配信託財產：
(1) Management
Subject to the provisions of Article NINTH of this Agreement relating to the Investment Direction Adviser, the Trustee shall hold, manage, invest and reinvest the Trust estate, shall collect and receive the income therefrom, and shall pay out of the income all expenses and charges properly payable therefrom.
(1)管理
在符合本合約第九條規定關於投資指示顧問規定的前提下，受託人應持有、管理、投資及再投資信託財產，收取與接收信託收益，並以信託收益支付所有應適當支付之費用與開銷。
(2) Income and Principal
Subject to the provisions of Article ELEVENTH of this Agreement relating to the Distribution Adviser, the Trustee is authorized and empowered to distribute to any one or more of the following individuals: [Name of Beneficiary 1], [Name of Beneficiary 2] and the descendants of each [Name of Beneficiary 1] and [Name of Beneficiary 2] who are living from time to time, or apply for their use and benefit, all, some, or none of the net income and principal of the Trust estate as the Distribution Fiduciary (as defined later in this Agreement) may deem appropriate in its sole and absolute discretion. In making this determination, the Distribution Fiduciary may, but need not, take into consideration funds which the beneficiaries may receive from other sources. No such distribution to or for the benefit of a beneficiary shall be deemed to be an advancement. Any undistributed income shall be added to the principal and held as part of the Trust estate at least annually.
(2)收益和本金
根據第十一條規定關於分配顧問之相關條文，受託人被授權根據分配受託責任人（稍後定義）以其獨立絕對裁量權認為適當之指示，分配全部、部分或不分配信託財產的淨收益及本金給以下任何一位或多位或為其利益使用信託財產：在世的[Name of Beneficiary 1]、[Name of Beneficiary 2]、及[Name of Beneficiary 1]及[Name of Beneficiary 2]的各別後代。分配受託責任人做出分配決定時，得（但不強制）考慮受益人其他資金來源。此類分配給受益人之行為不視為預先支取信託財產。最少每年一次，任何未分配之收益應被加入為信託本金，視為信託財產一部分。
(3) Power to Add and Remove Permissible Class of Beneficiaries
Subject to the restrictions of section (b)(4) of Article TENTH of this Agreement, the Trust Protector shall have the power, exercisable in a non-fiduciary capacity and without the approval or consent of any person in a fiduciary capacity, to add and remove individuals and Charitable Organizations (as defined in section (g) of Article NINETEENTH of this Agreement) to and from the permissible class of beneficiaries referenced in section (b)(2) of this Article FIRST. The Trust Protector shall have the power, exercisable in a non-fiduciary capacity and without the approval or consent of any person in a fiduciary capacity, to terminate the power conferred upon the Trust Protector pursuant to this section (b)(3) of this Article FIRST to add to and remove from the permissible class of beneficiaries by providing written notice to the Distribution Adviser and the Trustee to this effect.
(3) 新增及移除受益人之權力
受限於本合約第十 (b)(4) 條的限制，信託保護人不須得到任何受託責任人的批准或許可，即有權在第一(b)(2)條所述受益人中新增及移除個人及慈善組織（詳本合約第十九(g)條定義），並得以書面通知分配顧問及受託人終止第一 (b)(3) 條所授予新增及移除受益人之權力。
(c) Division of Trust Estate
Upon the Trust Protector directing the Trustee in writing, the Trustee shall divide the remainder of the Trust estate in the following manner:
There shall be one share set aside for each of [Name of Beneficiary 1] and [Name of Beneficiary 2], if then living, and one share set aside for the then living descendants, collectively, of [Name of Beneficiary 1], if [she/he] is then deceased, one share set aside for the then living descendants, collectively, of [Name of Beneficiary 2], if [she/he] is then deceased. Any share set aside for the then living descendants, collectively, of [Name of Beneficiary 1], if [she/he] is then deceased, and of [Name of Beneficiary 2], if [she/he] is then deceased, shall be further divided into shares for such descendants, per stirpes.
Each person for whom a share is set aside shall be referred to as the “Primary Beneficiary” of such share. After making the aforesaid division, the Trustee shall hold and dispose of such shares as follows:
(c) 信託財產分割
於信託保護人以書面指示時，受託人應將剩餘信託財產依下列方式進行分割：在世的[Name of Beneficiary 1]及[Name of Beneficiary 2]一人一份。如有任何一位已過世，則為已過世的[Name of Beneficiary 1]或[Name of Beneficiary 2]其當時在世的後代集體保留一份。為已過世的[Name of Beneficiary 1]或[Name of Beneficiary 2]其當時在世的後代集體保留的份額，應進一步按照代位繼承的方式分配予其後代。為其保留份額的每個人被稱為該份額的「主要受益人」。在分割後，受託人應依以下規定持有與處分分割後的信託持分：
(1) Management
Subject to the provisions of Article NINTH of this Agreement relating to the Investment Direction Adviser, the Trustee shall hold, manage, invest and reinvest as a separate trust each share set aside for a Primary Beneficiary, shall collect and receive the income from each separate trust, and shall pay out of the income all expenses and charges properly payable therefrom.
(1)管理
在符合本合約第九條關於投資指示顧問規定的前提下，受託人應為每位主要受益人保留的份額作為單獨的信託進行持有、管理、投資及再投資，收取及收受每個單獨信託的收益，並從該收益支付所有應適當支付的費用及開銷受託人應將每個被分割之持分視作主要受益人保留之衍生信託持有、管理、投資及再投資信託財產，收取與收受信託收益，並以信託收益支付所有應適當支付之費用與開銷。
(2) Income and Principal
Subject to the provisions of Article ELEVENTH of this Agreement relating to the Distribution Adviser, the Trustee is authorized and empowered to distribute to any one or more of such Primary Beneficiary and his or her descendants, or apply for the use and benefit of such Primary Beneficiary and his or her descendants, all, some or none of the net income and principal of such trust as the Distribution Fiduciary deems appropriate in its sole and absolute discretion. In making this determination, the Distribution Fiduciary shall inquire as to any such beneficiary's assets and sources of income other than any interests such beneficiary may have in any trust created under this Agreement and shall take such information into consideration in making any distributions from the trust and may withhold distributions and other benefits if, after considering such other assets, a distribution or other benefit would be counter to the purposes and intents of the trust. No such distribution to or for the benefit of a descendant of the Primary Beneficiary shall be deemed to be an advancement. Any undistributed income shall be added to the principal of the Trust estate at least annually.
(2)收益和本金
在符合本合約第十一條關於分配顧問規定的前提下，受託人依照分配受託責任人單獨絕對裁量權之指示而分配全部、部分亦或不分配信託之淨收益或本金給主要受益人或其後代，或為其利益使用信託財產。分配受託責任人做出分配決定時，應詢問受益人除在本合約下創建的任何信託中之權益以外的其他財產及收入來源，並在從信託進行分配時將此信息列入考慮；如果在考慮其他財產後，分配或其他利益將與信託的目的及意圖相抵觸者，則可以扣留分配及其他利益。對主要受益人後代的此類分配不應被視為預付遺產。任何未分配之收益最少每年一次應被加入為信託本金。
(3) Power to Add and Remove Permissible Class of Beneficiaries
Subject to the restrictions of section (b)(4) of Article TENTH of this Agreement, the Trust Protector shall have the power, exercisable in a non-fiduciary capacity and without the approval or consent of any person in a fiduciary capacity, to add and remove individuals and Charitable Organizations to and from the permissible class of beneficiaries referenced in section (c) of this Article FIRST. The Trust Protector shall have the power, exercisable in a non-fiduciary capacity and without the approval or consent of any person in a fiduciary capacity, to terminate the power conferred upon the Trust Protector pursuant to this section (c)(3) of this Article FIRST to add to and remove from the permissible class of beneficiaries by providing written notice to the Distribution Adviser and the Trustee to this effect.
(3)新增及移除受益人允許類別之權力
受限於本合約第十 (b)(4) 條的限制，信託保護人不須得到任何受託責任人的批准或許可，即有權以非受託責任人身分在第一(c)條所述受益人許可類別中新增及移除個人及慈善組織。信託保護人不須得到任何受託責任人的批准或許可，即有權以非受託責任人身分以書面通知分配顧問及受託人終止第一(c)(3)條所授予信託保護人新增及移除受益人之權力。
(4) Death of Primary Beneficiary
Upon the death of a Primary Beneficiary during the term of his or her trust, the Trustee shall distribute the remainder of the Primary Beneficiary's Trust estate as follows:
(4)主要受益人過世
主要受益人於其信託期間過世時，受託人應以下列方式分配其信託之剩餘信託財產：
(i) The Trustee shall distribute that portion of the assets of such Primary Beneficiary's separate trust, which if included in such Primary Beneficiary's taxable estate for federal estate tax purposes would result in a reduction of the overall transfer taxes (including generation-skipping transfer tax) determined without regard to the marital and charitable deductions imposed on such trust, to such Primary Beneficiary's creditors or the creditors of his or her estate, in such manner as such Primary Beneficiary may appoint by specific reference to this power in his or her Last Will and Testament admitted to probate or pursuant to an instrument executed by such Primary Beneficiary during his or her lifetime and delivered to the Trustee, provided that the exercise of such power of appointment shall not take effect until such Primary Beneficiary's death. The Trustee shall have no duty to determine whether including any portion of the assets of the trust in the Primary Beneficiary's taxable estate will result in a reduction of overall transfer taxes. Instead, the Trustee shall rely on written direction from the personal representative of the Primary Beneficiary's estate as to whether including any portion of the trust assets in the Primary Beneficiary's taxable estate will result in a reduction of transfer taxes.
(i) 依照主要受益人通過認證的最後遺囑或在其生前簽署並遞交予受託人之文書裡所援引之指派權，此指派權在主要受益人死後才產生效力，受託人應分配給主要受益人衍生信託之部分財產（如此信託財產被納入主要受益人的可課徵遺產，則可降低信託之總移轉稅包括隔代移轉稅，總移轉稅之計算不須考慮因婚姻或捐贈行為所產生之扣抵項目）給受益人之債權人或受益人遺產債權人。另外，受託人應依照該主要受益人遺產代表人之書面指示，決定是否將衍生信託財產計入主要受益人應課稅遺產中及其將對總移轉稅產生之抵減影響，受託人本身並無義務做出此決定與考慮。
(ii) The Trustee shall distribute the remainder of such Primary Beneficiary's separate Trust estate in such manner as such Primary Beneficiary may appoint by specific reference to this power in his or her Last Will and Testament admitted to probate or pursuant to an instrument executed by such Primary Beneficiary during his or her lifetime and delivered to the Trustee, provided that the exercise of such power of appointment shall not take effect until such Primary Beneficiary's death, upon such conditions and terms including outright or in further trust, to the limited class of beneficiaries consisting of [Name of Beneficiary 1]'s descendants and [Name of Beneficiary 2]'s descendants. In no event shall the power of appointment conferred upon a Primary Beneficiary in this section(c)(4)(ii) of this Article FIRST be construed as a power in such Primary Beneficiary to appoint such Primary Beneficiary's trust to himself or herself, his or her creditors, his or her estate or the creditors of his or her estate. Notwithstanding the foregoing or any other provision of this Agreement, no limited power of appointment conferred upon a Primary Beneficiary in this section (c)(4)(ii) of this Article FIRST may be exercised over a trust which is exempt from the generation-skipping transfer tax in a manner that would trigger the application of Section 2041(a)(3) or Section 2514(d) of the Code.
(ii) 依照主要受益人通過認證的最後遺囑或在其生前簽署並遞交予受託人之文書裡所援引之指派權，此指派權在主要受益人死後才產生效力，受託人應分配衍生信託之剩餘財產給限定之受益人（這些受益人限為[Name of Beneficiary 1] 之後代及[Name of Beneficiary 2]之後代）。第一(c)(4)(ii)條所指主要受益人之指派權力不能被視作主要受益人有權將這些財產指派給自己、其債權人、其遺產及其遺產的債權人。不論本合約中有其他的條文規範，主要受益人不得在會觸發國稅法規第2041(a)(3)條或第2514(d)條的狀况下在特定隔代移轉稅豁免信託中行使此限定指派權。
(iii) The Trustee shall divide any unappointed remainder of such Primary Beneficiary's trust into shares for the then living descendants of such Primary Beneficiary, per stirpes. If there is no descendant of such Primary Beneficiary then living, the Trustee shall divide such deceased Primary Beneficiary's separate trust into shares for the then living full siblings of the deceased Primary Beneficiary, and the then living descendants, per stirpes, of any deceased full sibling of the deceased Primary Beneficiary. In the event that there are no such beneficiaries, the trust shall be divided into shares for the then living descendants, per stirpes, of the deceased Primary Beneficiary's nearest ancestor, provided that such living descendants shall be [Name of Beneficiary 1], [Name of Beneficiary 2], [Name of Beneficiary 1]'s descendants, or [Name of Beneficiary 2]'s descendants. Each person for whom a share is set aside shall be referred to as the “Primary Beneficiary.” The Trustee shall hold each share so set aside in further trust hereunder according to the provisions of this section (c) of this Article FIRST. Any share set aside for a person for whom a trust is being held hereunder shall be added to and commingled with the trust held hereunder for such person and shall be held and distributed as if it had been an original part of the principal of that trust.
(iii) 受託人應將該主要受益人信託中尚未指定的剩餘部分，按代位繼承的方式均分成給該主要受益人當時在世的後代。如果該主要受益人當時沒有在世的後代，則受託人應將該已故主要受益人的獨立信託分給其當時在世且同父同母的兄弟姊妹；如上述兄弟姊妹中如有未在世者，則按代位繼承的方式將其份額均分該位已故兄弟姊妹的後代。如沒有已故主要受益人當時在世且同父同母的兄弟姊妹或其後代，應按代位繼承的方式分割給已故主要受益人血緣最近祖先的在世後代，但該在世後代應為[Name of Beneficiary 1]、 [Name of Beneficiary 2]、[Name of Beneficiary 1]之後代、或 [Name of Beneficiary 2]之後代。每位為其保留份額之人稱為「主要受益人」，且受託人應依第一(c)條規定將每個保留的份額作為衍生信託而持有。如果為其保留份額之人已依據本合約為其持有信託，則該份額應並入並與為該人持有的信託混合，如同其為該信託原始本金的一部分而持有及分配。
(d) Separate Shares
The provisions of this Agreement shall be applied separately with respect to each trust held under this Article FIRST. For example, the Trustee serving at the time the Trust is divided may resign at any time after the division as Trustee of one such separate trust but continue to serve with respect to another separate trust. Similarly, the Trust Protector may remove an Investment Direction Adviser serving at the time the Trust is divided with respect to one such separate trust but allow the Investment Direction Adviser to continue with respect to another separate trust.
(d)衍生持分
本合約規定應分別適用於根據第一條所持有的每個信託。例如，在信託分割當時任職的受託人可以在分割後隨時辭去某個衍生信託的受託人職務，但繼續擔任另一個衍生信託的受託人。同樣地，信託保護人可以移除某位在信託分割當時任職的投資指示顧問在某個衍生信託之職位，但仍然使其擔任其他衍生信託的投資指示顧問。
(e) Contingent Beneficiaries
If at the time provided for the final distribution of assets in trust under this Agreement all of the beneficiaries under this Article FIRST are deceased without then living issue, the Trustee shall distribute the unappointed remainder of the Trust estate to individuals and Charitable Organizations to be further determined by [Name of Trust Protector] or [her/his] successor Trust Protector if [she/he] provides such authority in the instrument appointing [her/his] successor. Subject to the restrictions of section (b)(4) of Article TENTH of this Agreement, the Trust Protector shall have the power, exercisable in a non-fiduciary capacity and without the approval or consent of any person in a fiduciary capacity, to add and remove individuals and Charitable Organizations to and from the permissible class of beneficiaries in this section (e) of Article FIRST. The Trust Protector shall have the power, exercisable in a non-fiduciary capacity and without the approval or consent of any person in a fiduciary capacity, to terminate the power conferred upon the Trust Protector pursuant to this section (e) of this Article FIRST to add to and remove from the permissible class of beneficiaries by providing written notice to the Grantor, the Distribution Adviser and the Trustee to this effect.
(e)或有受益人
若最後將未分配之剩餘財產進行分配時，根據第一條之規定，沒有任何在世的被分配之受益人，受託人應將未分配之剩餘財產分配給由[Name of Trust Protector]或其繼任信託保護人（如果[Name of Trust Protector] 在任命其繼任者的文書中給予此授權）進一步決定的個人及慈善組織。受限於本合約第十(b)(4)條之限制，信託保護人有權以非受託責任人身分，且不須任何受託責任人的批准或許可，即可新增及移除個人及慈善組織作為本合約第一(e)條所述之受益人；並得以書面通知委託人、分配顧問及受託人以終止第一(e)條所授予新增及移除受益人之權力。
(f) Trust Distribution
Subject to the provisions of Article ELEVENTH of this Agreement relating to the Distribution Adviser, expenditures or distributions of income or principal under all provisions of this Agreement may be made, in the discretion of the Distribution Fiduciary, in any one or more of the following ways: (1) by direct expenditure for the benefit of a beneficiary; (2) by payment to a beneficiary, even if he or she may be under the age of eighteen (18) years; or (3) by payment to a custodian for a beneficiary under an appropriate Uniform Transfers to Minors Act to be held until such beneficiary attains the age of twenty-one (21) years (or such later time as permitted under the appropriate Uniform Transfers to Minors Act). In exercising discretion to pay or apply income or principal of any trust to or for the benefit of any beneficiary who is a permissible current recipient of income or principal of more than one trust created by or pursuant to this Agreement, the Distribution Fiduciary shall bear in mind the Grantor's desire that (i) any payment to a non-skip person be made first from the trusts with the greatest inclusion ratio for generation-skipping transfer tax purposes and thereafter from trusts in order of their descending inclusion ratio; (ii) any payments of qualified educational and/or medical expenses, as those are defined in Section 2503(e) of the Code, be made first from the trusts with the greatest inclusion ratio for generation-skipping transfer tax purposes and thereafter from trusts in order of their descending inclusion ratio; and (iii) any payments to a skip person be made first from trusts with the lowest inclusion ratio and thereafter from the trusts in the order of their ascending inclusion ratio. The receipt of a beneficiary under the age of eighteen (18) years, or the receipt of a custodian for a beneficiary who is under the age of twenty-one (21) years, for a payment received from the Trustee to be expended for the benefit of a beneficiary, shall be a full and complete discharge of the Trustee in respect thereto.
(f)信託分配方式
在符合本合約第十一條關於分配顧問規定的前提下，分配受託責任人得裁量用以下任一種或多種方式支用或分配本合約下之收益或本金：(1)為受益人之利益直接支付其產生之費用；(2)直接支付給受益人，不論其是否滿18歲；或(3)依照未成年財產移轉法案，支付給未成年受益人之監護人保管，直到受益人滿21歲或依該法案規定允許之延後時點。分配受託責任人在分配財產給受益人，並且該受益人同時為本合約其他信託現有可允許之財產接受人時，分配受託責任人應謹記委託人之期望為 (i)基於隔代移轉稅的目的，先由應稅比例最大的信託帳戶分配財產給未被跨代之特定人，再依序由應稅比例之大小選擇信託帳戶分配信託財產給此特定人；(ii) 基於隔代移轉稅的目的，先由應稅比例最大的信託帳戶支付符合國稅法規第2503(e)條所指之教育及醫療費用，再依序由應稅比例之大小選擇信託帳戶以支付這些費用；(iii)基於隔代移轉稅的目的，先由應稅比例最小的信託帳戶分配財產給跨代之特定人，再依序由應稅比例之小到大選擇信託帳戶分配信託財產給此特定人。當未滿18歲之受益人或未滿21歲未成年受益人之監護人收到由受託人為其支付款項時，應將完全免除受託人支付之責任。
