B. In deciding whether and to what extent to exercise the power conferred by subsection A of this section, a trustee shall consider all factors relevant to the trust and its beneficiaries, including the following factors to the extent they are relevant:

1. 1. The nature, purpose and expected duration of the trust.
2. 2. The intent of the settlor.
3. 3. The identity and circumstances of the beneficiaries.
4. 4. The need for liquidity, regularity of income and preservation and appreciation of capital.

5. 5. The assets held in the trust and:

   1. (a) The extent to which:

      1. (i) They consist of financial assets, interests in closely held enterprises, tangible and intangible personal property or real property.
      2. (ii) An asset is used by a beneficiary.
   2. (b) Whether an asset was purchased by the trustee or received from the settlor.
6. 6. The net amount allocated to income under this article and the increase or decrease in the value of the principal assets, which the trustee may estimate as to assets for which market values are not readily available.
7. 7. Whether and to what extent the terms of the trust give the trustee the power to invade principal or accumulate income or prohibit the trustee from invading principal or accumulating income, and the extent to which the trustee has exercised a power from time to time to invade principal or accumulate income.
8. 8. The actual and anticipated effect of economic conditions on principal and income and effects of inflation and deflation.
9. 9. The anticipated tax consequences of an adjustment.
10. 10. Whether the trust has been converted to a unitrust pursuant to section 14-11014.

C. A trustee may not make an adjustment:

1. 1. That diminishes the income interest in a trust that requires all of the income to be paid at least annually to a spouse and for which an estate tax or gift tax marital deduction would be allowed, in whole or in part, if the trustee did not have the power to make the adjustment.
2. 2. That reduces the actuarial value of the income interest in a trust to which a person transfers property with the intent to qualify for a gift tax exclusion.
3. 3. That changes the amount payable to a beneficiary as a fixed annuity or a fixed fraction of the value of the trust assets.
4. 4. From any amount that is permanently set aside for charitable purposes under a will or the terms of a trust unless both income and principal are so set aside.
5. 5. If possessing or exercising the power to make an adjustment causes an individual to be treated as the owner of all or part of the trust for income tax purposes and the individual would not be treated as the owner if the trustee did not possess the power to make an adjustment.
6. 6. If possessing or exercising the power to make an adjustment causes all or part of the trust assets to be included for estate tax purposes in the estate of an individual who has the power to remove a trustee or appoint a trustee, or both, and the assets would not be included in the estate of the individual if the trustee did not possess the power to make an adjustment.
7. 7. If the trustee is a beneficiary of the trust.
8. 8. If the trustee is not a beneficiary, but the adjustment would benefit the trustee directly or indirectly.