2005 Idaho Code - 68-10-103 — FIDUCIARY DUTIES -- GENERAL PRINCIPLES

                                  TITLE  68
                            TRUSTS AND FIDUCIARIES
                                  CHAPTER 10
                       UNIFORM PRINCIPAL AND INCOME ACT
                                   PART 1.
                       DEFINITIONS AND FIDUCIARY DUTIES
    68-10-103.  FIDUCIARY DUTIES -- GENERAL PRINCIPLES. (a) In allocating
receipts and disbursements to or between principal and income, and with
respect to any matter within the scope of parts 2 and 3 of this chapter, a
fiduciary:
    (1)  Shall administer a trust or estate in accordance with the terms of
    the trust or the will, even if there is a different provision in this
    chapter;
    (2)  May administer a trust or estate by the exercise of a discretionary
    power of administration given to the fiduciary by the terms of the trust
    or the will, even if the exercise of the power produces a result different
    from a result required or permitted by this chapter, and no inference that
    the fiduciary has improperly exercised the discretion arises from the fact
    that the fiduciary has made an allocation contrary to a provision of this
    chapter;
    (3)  Shall administer a trust or estate in accordance with this chapter if
    the terms of the trust or the will do not contain a different provision or
    do not give the fiduciary a discretionary power of administration; and
    (4)  Shall add a receipt or charge a disbursement to principal to the
    extent that the terms of the trust and this chapter do not provide a rule
    for allocating the receipt or disbursement to or between principal and
    income.
    (b)  In exercising the power to adjust under section 68-10-104(a), Idaho
Code, or a discretionary power of administration regarding a matter within the
scope of this chapter, whether granted by the terms of a trust, a will, or
this chapter, a fiduciary shall administer a trust or estate impartially,
based on what is fair and reasonable to all of the beneficiaries, except to
the extent that the terms of the trust or the will clearly manifest an
intention that the fiduciary shall or may favor one (1) or more of the
beneficiaries. A determination in accordance with this chapter is presumed to
be fair and reasonable to all of the beneficiaries.