Spousal Right of Election and Its Effects on CRTs

As noted in an earlier column, a charitable remainder trust (CRT) is a valuable tax-planning tool. However, Revenue Procedure 2005-24, issued on March 30, adds new rules to CRTs to address the problem of spouses “electing against the will,” which can arise in certain states.

A basic tenet of a CRT is that only the unitrust or annuity trust payment may be made to a non-charitable recipient.