§19-3B-201. Role of court in administration of trust.  


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  • (a) The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.

    (b) A trust is not subject to continuing judicial supervision unless ordered by the court.

    (c) A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including a request for instructions and an action to declare rights.

    (d) A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including, but not being limited to a proceeding to:

    (1) request instructions;

    (2) determine the existence or nonexistence of any immunity, power, privilege, duty or right;

    (3) approve a nonjudicial settlement;

    (4) interpret or construe the terms of the trust;

    (5) determine the validity of a trust or of any of its terms;

    (6) approve a trustee's report or accounting or compel a trustee to report or account;

    (7) direct a trustee to refrain from performing a particular act or grant to a trustee any necessary or desirable power;

    (8) review the actions or approve the proposed actions of a trustee, including the exercise of a discretionary power;

    (9) accept the resignation of a trustee;

    (10) appoint or remove a trustee;

    (11) determine a trustee's compensation;

    (12) transfer a trust's principal place of administration or a trust's property to another jurisdiction;

    (13) determine the liability of a trustee for an action relating to the trust and compel redress of a breach of trust by any available remedy;

    (14) modify or terminate a trust;

    (15) combine trusts or divide a trust;

    (16) determine liability of a trust for debts of a beneficiary and living settlor;

    (17) determine liability of a trust for debts, expenses of administration, and statutory allowances chargeable against the estate of a deceased settlor;

    (18) determine the liability of a trust for claims, expenses and taxes in connection with the settlement of a trust that was revocable at the settlor's death; and

    (19) ascertain beneficiaries and determine to whom property will pass upon final or partial termination of a trust.

(Act 2006-216, p. 314, §1.)