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The executor/trustee must abide by the terms of the trust/will as set up. The only way they can disburse the money contrary to the terms of the trust/will is by agreement of all of the parties AND a court order. So the trustee/executor would have to file a petition in the court to ask the court to approve this type of disbursement contrary to the terms of the will/trust and explain the good cause for doing so and if the court agrees, then it may be legally done.