2023 Code of Alabama
Title 19 - Fiduciaries and Trusts.
Chapter 3D - Alabama Uniform Trust Decanting Act.
Section 19-3D-9 - Court Involvement.
Section 19-3D-9
Court involvement.
(a) On application of an authorized fiduciary, a person entitled to notice under Section 19-3D-7(c), a beneficiary, or with respect to a charitable interest that is not entirely held by or for the benefit of one or more identified and existing charitable organizations, the Attorney General or 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 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) subject to the limitations set forth in subsection (c), determine that a proposed or attempted exercise of the decanting power is ineffective because:
(A) after applying Section 19-3D-22, 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 19-3D-22 applies to a prior exercise of the decanting power;
(6) provide instructions to the trustee regarding the application of Section 19-3D-22 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 19-3D-16; or
(2) a modification under Section 19-3D-18 of a provision granting a person the right to remove or replace the fiduciary.
(c) A proceeding under subsection (a)(4) may not be commenced by a person entitled to notice under Section 19-3D-7(c), or by a beneficiary, unless such proceeding is commenced within six months from the day notice is given under Section 19-3D-7(a). Failure to receive notice shall not extend the time by which the proceeding must be commenced if the authorized fiduciary acted with reasonable diligence to comply with the requirements of Section 19-3D-7(c).
(Act 2018-519, §9; Act 2021-143, §1.)
