§ 72-39-205 — Court Involvement

72-39-205 . Court involvement. (1) On application of an authorized fiduciary, a person entitled to notice under 72-39-203 (3), 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:
(a) 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;
(b) 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;
(c) approve an exercise of the decanting power;
(d) determine that a proposed or attempted exercise of the decanting power is ineffective because:
(i) after applying 72-39-218 , the proposed or attempted exercise does not or did not comply with this chapter; or
(ii) the proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;
(e) determine the extent to which 72-39-218 applies to a prior exercise of the decanting power;
(f) provide instructions to the trustee regarding the application of 72-39-218 to a prior exercise of the decanting power; or
(g) order other relief to carry out the purposes of this chapter.
(2) On application of an authorized fiduciary, the court may approve:
(a) an increase in the fiduciary's compensation under 72-39-212 ; or
(b) a modification under 72-39-214 of a provision granting a person the right to remove or replace the fiduciary.

Legislative History

En. Sec. 9, Ch. 177, L. 2021.