Alabama § 19-3B-808 Powers to Direct

Alabama Statutes

§ 19-3B-808 — Powers to Direct

Alabama § 19-3B-808

Title 19Fiduciaries and Trusts

Ch. 3BAlabama Uniform Trust Code

This text of Alabama § 19-3B-808 (Powers to Direct) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 19-3B-808 (2026).

Text

(a)While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust.

(b)If the terms of a trust confer upon a person other than the settlor of a revocable trust power to direct certain actions of the trustee, then the trustee shall act in accordance with an exercise of the power unless the attempted exercise is manifestly contrary to the terms of the trust or the trustee knows the attempted exercise would constitute a serious breach of a fiduciary duty that the person holding the power owes to the beneficiaries of the trust.

(c)The terms of a trust may confer upon a trustee or other person a power to direct the modification or termination of the trust.

(d)A person, other than a beneficiary, who holds a power to direct is presumpti

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(a) While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust.
(b) If the terms of a trust confer upon a person other than the settlor of a revocable trust power to direct certain actions of the trustee, then the trustee shall act in accordance with an exercise of the power unless the attempted exercise is manifestly contrary to the terms of the trust or the trustee knows the attempted exercise would constitute a serious breach of a fiduciary duty that the person holding the power owes to the beneficiaries of the trust.
(c) The terms of a trust may confer upon a trustee or other person a power to direct the modification or termination of the trust.
(d) A person, other than a beneficiary, who holds a power to direct is presumptively a fiduciary who, as such, is required to act in good faith with regard to the purposes of the trust and the interests of the beneficiaries. The holder of a power to direct is liable for any loss that results from breach of a fiduciary duty.