Property given from a revocable trust during the trustor's lifetime to a trust beneficiary other than the trustor, whether the beneficiary holds a vested or contingent interest, is not treated as an advancement against the beneficiary's share, unless the trustor declared in a writing, or the beneficiary acknowledged in writing, that the gift is an advancement; or the trustor's writing or the beneficiary's written acknowledgment otherwise indicates that the gift is to be considered when computing the division and distribution of the trust estate following the death of the trustor. A distribution from an irrevocable trust at the discretion of a trustee, or as directed by a distribution trust advisor, is not treated as an advancement against the beneficiary's share unless the trustee or distribution trust advisor declares in writing, or the beneficiary acknowledged in writing, that the distribution is an advancement; or the governing instrument indicates that discretionary distributions are equalized within or between classes of beneficiaries and are considered when computing the division or distributions from the trust. Regardless of whether the recipient of the property survives the trust division or distribution, the property treated as an advancement herein is considered in computing the division and distribution of the trust estate, unless otherwise provided by the governing instrument or in writing by the trustee, distribution trust advisor or beneficiary, in accordance with this section. For purposes of this section, property advanced is valued as of the time the beneficiary came into possession or enjoyment of the property.
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