Title 28, — Appendix Administrative Order Number 12 — Official Probate Forms

(a) In this section, “power of appointment” means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property. (b) This chapter does not apply to a:(1) power of appointmen…

(a) Subject to § 28-76-107, the terms of a trust may grant a power of direction to a trust director. (b) Unless the terms of a trust provide otherwise:(1) a trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to…

(1) A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under § 28-76-106(b)(1) regarding:(1) a payback provision in the terms of a trust necessary to…

(a) Subject to subsection (b), with respect to a power of direction or further power under § 28-76-106(b)(1):(1) a trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power:(A) if the power is held individually, as a sole trustee in a li…

(a) A directed trustee shall take reasonable action to comply with a trust director's direction given to the directed trustee by a trust director acting within the scope of the powers expressly granted to the trust director in the trust instrument, and except as otherwise provide…

(a) Subject to § 28-76-111, a trustee shall provide information to a trust director to the extent the information is reasonably related both to:(1) the powers or duties of the trustee; and(2) the powers or duties of the director. (1) the powers or duties of the trustee; and (2) t…

(a) Unless the terms of a trust provide otherwise:(1) a trustee does not have a duty to:(A) monitor a trust director; or(B) inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than th…

The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee's exercise or nonexercise of a power of the other cotrustee to the same extent that in a directed trust a directed trustee is relieved from duty and liability with respect to a …

(a) An action against a trust director for breach of trust must be commenced within the same limitation period as under § 28-73-1005 for an action for breach of trust against a trustee in a like position and under similar circumstances. (b) A report or accounting has the same eff…

In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.

(a) By accepting appointment as a trust director of a trust subject to this chapter, the director submits to personal jurisdiction of the courts of this state regarding any matter related to a power or duty of the director. (b) This section does not preclude other methods of obta…

(1) Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding the following matters:(1) acceptance under § 28-73-701;(2) giving of bond to secure performance under § 28-73-702;(3) reasonable compensation under § 28-73-708…

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of t…