Non-Ascertainable Standard Clause
(Spray to Spouse and Descendants) (IL)

Summary

This Non-Ascertainable Standard Clause (Spray to Spouse and Descendants) (IL) authorizes the trustee to distribute or “spray” property to spouse and decedents. Use this clause to give the trustee broader discretion in distributing trust principal and income since the trustee is not limited to an ascertainable standard. This clause includes practical guidance, drafting notes, and an alternate clause. A non-ascertainable standard provides general guidance to the trustee without giving specific terms for beneficiaries to enforce, for example allowing distributions for a beneficiary’s best interest, happiness, etc. When a trust includes a non-ascertainable standard, judicial review will be limited as there are no specific terms to enforce. The court will generally not interfere to evaluate whether the best interests or happiness of a beneficiary were met with the distribution. Instead, courts will evaluate whether the trustee acted in good faith. For more information on distribution standards, see the practice note, Powers of Appointment and Estate Taxation.