§ 1409.
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/vt/1409A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 1409. Court involvement
(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.)