Common use of Discretionary Payments Clause in Contracts

Discretionary Payments. At any time or times during the Trust term, the Trustee shall pay to or apply for the benefit of each of the beneficiaries so much of the net income and principal of the Trust as the Trustee deems proper for the health, education, support, and maintenance of each of them. In making these payments, the Trustee may pay or apply more for some of the beneficiaries than for others, and may make payments to or for one or more beneficiaries to the exclusion of others. No amount paid or applied need thereafter be repaid to the Trustee or restored to the Trust. In exercising discretion, the Trustee shall give the consideration that the Trustee deems proper to all other income and resources that are known to the Trustee and that are readily available to the beneficiaries for use for these purposes. All decisions of the Trustee regarding payments under this subsection, if any, are within the Trustee’s discretion and shall be final and incontestable by anyone. The Trustee shall accumulate and add to principal any net income not distributed.