Vermont § 1409 Court involvement

Vermont Statutes

§ 1409 — Court involvement

Vermont § 1409

Title 14ATitle 14A: Trusts

Ch. 14Chapter 014: Uniform Trust Decanting Act

This text of Vermont § 1409 (Court involvement) is published on Counsel Stack Legal Research, covering Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Vt. Stat. Ann. tit. 14A, § 1409 (2026).

Text

(a)The court may, upon application of an authorized fiduciary, a person entitled to notice under subsection 1407(c) of this title, a beneficiary, or, with respect to a charitable interest, the Attorney General or another person with standing to enforce the charitable interest:

(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 pow

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(a) The court may, upon application of an authorized fiduciary, a person entitled to notice under subsection 1407(c) of this title, a beneficiary, or, with respect to a charitable interest, the Attorney General or another person with standing to enforce the charitable interest:
(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 section 1422 of this title, 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 section 1422 of this title applies to a prior exercise of the decanting power;
(6) provide instructions to the trustee regarding the application of section 1422 of this title 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 section 1416 of this title; or
(2) a modification under section 1418 of this title of a provision granting a person the right to remove or replace the fiduciary. (Added 2023, No. 177 (Adj. Sess.), § 1, eff. July 1, 2024.)