Sec. 1209. Court involvement.

263 words·~1 min read·/il/chapter-760/act-3/1209

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)On application of an authorized fiduciary, a person entitled to notice under Section 1207(c), a beneficiary, or, with respect to a charitable interest, the Attorney General or any other person that has standing to enforce the charitable interest, the court may:

(1)provide instructions to the authorized fiduciary regarding whether a proposed

exercise of the decanting power is permitted under this Article 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 Article 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 1222, the proposed or attempted exercise does not or did

not comply with this Article; 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 1222 applies to a prior exercise of the

decanting power;

(6)provide instructions to the trustee regarding the application of Section 1222 to a

prior exercise of the decanting power; or

(7)order other appropriate relief to carry out the purposes of this Article.

(b)On application of an authorized fiduciary, the court may approve:

(1)an increase in the fiduciary's compensation under Section 1216; or

(2)a modification under Section 1218 of a provision granting a person the right to

remove or replace the fiduciary.