The Vermont Statutes Online

Title 14A : Trusts

Chapter 014 : Uniform Trust Decanting Act

• § 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.)