Arizona Revised Statutes Title 14. Trusts, Estates and Protective Proceedings § 14-10819. Trustee's special power to appoint to other trust

A. Unless the terms of the trust instrument expressly provide otherwise, a trustee who has the discretion under the terms of a testamentary instrument or irrevocable inter vivos agreement to make distributions, regardless of whether a standard is provided in the trust instrument to or for the benefit of a beneficiary of the trust, may exercise without prior court approval the trustee's discretion by appointing part or all of the trust property in favor of a trustee of another trust if the exercise of this discretion:

B. This section applies to a trust governed by the laws of this state, including a trust whose governing jurisdiction is transferred to this state.

C. The exercise of the trustee's power to appoint trust property under subsection A of this section is considered to be the exercise of a special power of appointment.

D. The trustee, in the trustee's sole discretion, before or after the exercise of the trustee's power to appoint trust property under subsection A of this section, may request the court to approve the exercise.

E. The trustee may exercise the power to appoint all of the trust property pursuant to subsection A of this section by restating the trust instrument.