Idaho Statutes
§ 68-108 — POWER OF COURT TO PERMIT DEVIATION OR TO APPROVE TRANSACTIONS INVOLVING CONFLICT OF INTEREST
Idaho § 68-108
This text of Idaho § 68-108 (POWER OF COURT TO PERMIT DEVIATION OR TO APPROVE TRANSACTIONS INVOLVING CONFLICT OF INTEREST) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Idaho Code § 68-108 (2026).
Text
(a)This act does not effect the power of a court of competent jurisdiction for cause shown and upon petition of the trustee or affected beneficiary and upon appropriate notice to the affected parties to relieve a trustee from any restrictions on his power that would otherwise be placed upon him by the trust or by this act.
(b)If the duty of the trustee and his individual interest or his interest as trustee of another trust, conflict in the exercise of a trust power, the power may be exercised only by court authorization, except as provided in sections 68-106 (c)(1), (4), (6), (18), and (24) upon petition of the trustee. Under this section, personal profit or advantage to an affiliated or subsidiary company or association is personal profit to any corporate trustee.
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Related
Berkshire Investments, LLC v. Taylor
278 P.3d 943 (Idaho Supreme Court, 2012)
Taylor v. Maile
127 P.3d 156 (Idaho Supreme Court, 2005)
Edwards v. Edwards
842 P.2d 299 (Idaho Court of Appeals, 1992)
Eric Bowman v. Washington Trust Bank
281 P.3d 1070 (Idaho Supreme Court, 2012)
Darrow v. White
531 P.3d 1169 (Idaho Supreme Court, 2023)
Legislative History
[68-108, added 1965, ch. 95, sec. 5, p. 173.]
Nearby Sections
15
§ 68-10-101
SHORT TITLE§ 68-10-102
DEFINITIONS§ 68-10-103
FIDUCIARY DUTIES — GENERAL PRINCIPLES§ 68-10-104
TRUSTEE’S POWER TO ADJUST§ 68-10-105
NOTICE OF PROPOSED ACTION§ 68-10-201
DETERMINATION AND DISTRIBUTION OF NET INCOME§ 68-10-301
WHEN RIGHT TO INCOME BEGINS AND ENDS§ 68-10-303
APPORTIONMENT WHEN INCOME INTEREST ENDS§ 68-10-401
CHARACTER OF RECEIPTS§ 68-10-402
DISTRIBUTION FROM TRUST OR ESTATE§ 68-10-404
PRINCIPAL RECEIPTS§ 68-10-405
RENTAL PROPERTYCite This Page — Counsel Stack
Bluebook (online)
Idaho § 68-108, Counsel Stack Legal Research, https://law.counselstack.com/statute/id/68-108.