District of Columbia § 19-1909 Court involvement.

District of Columbia Statutes

§ 19-1909 — Court involvement.

District of Columbia § 19-1909

Title 19Descent, Distribution, and Trusts. [Enacted title]

Ch. 19Uniform Trust Decanting Code.

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Bluebook

D.C. Code § 19-1909 (2026).

Text

(a)On application of an authorized fiduciary a person entitled to notice under § 19-1907(c) , a beneficiary, or with respect to a charitable interest the Attorney General or other person that has standing to enforce the charitable interest, the court may:

(1)Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this chapter and consistent with the fiduciary duties of the authorized fiduciary;

(2)Appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this chapter and to exercise the decanting power;

(3)Approve an exercise of the decanting power;

(4)Determine that a proposed or attempted exercise of the decanting power is inef

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(a) On application of an authorized fiduciary a person entitled to notice under § 19-1907(c) , a beneficiary, or with respect to a charitable interest the Attorney General or other person that has standing to enforce the charitable interest, the court may:

(1) Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this chapter and consistent with the fiduciary duties of the authorized fiduciary;

(2) Appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this chapter and to exercise the decanting power;

(3) Approve an exercise of the decanting power;

(4) Determine that a proposed or attempted exercise of the decanting power is ineffective because:

(A) After applying § 19-1922 , the proposed or attempted exercise does not or did not comply with this chapter ; or

(B) The proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;

(5) Determine the extent to which § 19-1922 applies to a prior exercise of the decanting power;

(6) Provide instructions to the trustee regarding the application of § 19-1922 to a prior exercise of the decanting power; or

(7) Order other relief to carry out the purposes of this chapter .

(b) On application of an authorized fiduciary, the court may approve:

(1) An increase in the fiduciary's compensation under § 19-1916 ; or

(2) A modification under § 19-1918 of a provision granting a person the right to remove or replace the fiduciary.