Title 68, TRUSTS AND FIDUCIARIES

68-101. Trustees — Power of district court to appoint. When a trust exists without any appointed trustees or where any or all of the trustees renounce, die, or are discharged, the district court of the county where the trust property or some portion thereof is situated, must appo…

68-102. Death, renunciation, or discharge of trustee — Survival of trust. On the death, renunciation, or discharge of one (1) of the several number of trustees, the trust survives to the others.

68-103. Compensation of trustees. When a declaration of trust is silent upon the subject of compensation, the trustee is entitled to the same compensation as an executor. If it specifies the amount of his compensation, he is entitled to the amount thus specified and no more.

68-104. Uniform Trustees’ Powers Act — Definitions. As used in this act: (1) "Trust" means an express trust created by a trust instrument, including a will, whereby a trustee has the duty to administer a trust asset for the benefit of a named or otherwise described income or prin…

68-105. Powers of trustee conferred by trust or by law. (a) The trustee has all powers conferred upon him by the provisions of this act unless limited in the trust instrument. (b) An instrument which is not a trust under section 68-104 (1) may incorporate any part of this act by …

68-106. Powers of trustees conferred by this act. (a) From time of creation of the trust until final distribution of the assets of the trust, a trustee has the power to perform, without court authorization, every act which a prudent man would perform for the purposes of the trust…

68-106A. Fiduciary duty to determine equivalent value of substituted property. Notwithstanding the terms of a trust instrument, if a grantor has the power to substitute property of equivalent value, a trustee has a fiduciary duty to determine that the substitute property is of eq…

68-107. Trustee’s office not transferable — Transactions under chapter 14, title 26, Idaho Code, excepted. (1) The trustee shall not transfer his office to another or delegate the entire administration of the trust to a co-trustee or another. (2) Subsection (1) of this section do…

68-108. Power of court to permit deviation or to approve transactions involving conflict of interest. (a) This act does not effect the power of a court of competent jurisdiction for cause shown and upon petition of the trustee or affected beneficiary and upon appropriate notice t…

68-109. Powers exercisable by joint trustees — Liability. (a) Any power vested in 3 or more trustees may be exercised by a majority, but a trustee who has not joined in exercising a power is not liable to the beneficiaries or to others for the consequences of the exercise; and a …

68-110. Third persons protected in dealing with trustee. With respect to a third person dealing with a trustee or assisting a trustee in the conduct of a transaction, the existence of trust powers and their proper exercise by the trustee may be assumed without inquiry. The third …

68-111. Application of act. Except as specifically provided in the trust, the provisions of this act apply to any trust established after the effective date of this act.

68-112. Uniformity of interpretation. This act shall be construed to effectuate its general purpose to make uniform the law of those states which enact it.

68-113. Short title. This act may be cited as the "Uniform Trustees’ Powers Act."

68-114. Presentation of a certification of trust in lieu of the trust instrument — Effect — Form. (1) A trustee may present a certification of trust to any person in lieu of a copy of any trust instrument to establish the existence or terms of the trust. The trustee may present t…

68-115. Contents of certification of trust. (1) A certification of trust may confirm the following facts or contain the following information: (a) The existence of the trust and date of execution of any trust instrument; (b) The identity of the settlor and each currently acting t…

68-116. Dispositive provisions not required — Person presented with certification may request excerpts from trust instrument designating trustee. A certification of trust need not contain the dispositive provisions of the trust, but the person to whom the certification is present…

68-117. Reliance on facts contained in certification — Enforceability. (1) A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting. A person who does not know …

68-118. Failure to demand certification or refusal to accept and rely on certification not improper act — Liability. A person’s failure to demand a certification of trust, or his refusal to accept and rely solely on a certification of trust, may not be considered to be an imprope…

68-119. Applicability. The provisions of sections 68-114 through 68-120, Idaho Code, shall apply to all trusts, whether established pursuant to Idaho law or established pursuant to the law of another state or jurisdiction.

68-120. Doctrine of worthier title inapplicable. The doctrine of worthier title shall not be applied as a rule of law or as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor’s heirs, heirs at law, next of ki…