New Jersey § 3B:31-61 Powers to direct.

New Jersey Statutes

§ 3B:31-61 — Powers to direct.

New Jersey § 3B:31-61

Title 3BADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS

This text of New Jersey § 3B:31-61 (Powers to direct.) is published on Counsel Stack Legal Research, covering New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.J. Stat. Ann. § 3B:31-61 (2026).

Text

3B:31-61. Powers to Direct.

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 the power to direct certain actions of the trustee, the trustee shall act in accordance with a written exercise of the power unless the attempted exercise is contrary to the terms of the trust or the trustee knows the attempted exercise would constitute a 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 i

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3B:31-61. Powers to Direct. 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 the power to direct certain actions of the trustee, the trustee shall act in accordance with a written exercise of the power unless the attempted exercise is contrary to the terms of the trust or the trustee knows the attempted exercise would constitute a 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 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 the holder's failure to act in good faith. L.2015, c.276, s.1.