Court involvement

760 ILCS 3/1209, under Trust Decanting.

760 ILCS 3/1209

(760 ILCS 3/1209)

    Sec. 1209. Court involvement.     (a) On application of an authorized fiduciary, a person entitled to notice under Section 1207(c), a beneficiary, or, with respect to a charitable interest, the Attorney General or any 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 Article 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 Article 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 1222, the proposed or         attempted exercise does not or did not comply with this Article; 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 1222     applies to a prior exercise of the decanting power;         (6) provide instructions to the trustee regarding     the application of Section 1222 to a prior exercise of the decanting power; or         (7) order other appropriate relief to carry out the     purposes of this Article.     (b) On application of an authorized fiduciary, the court may approve:

        (1) an increase in the fiduciary's compensation     under Section 1216; or         (2) a modification under Section 1218 of a provision     granting a person the right to remove or replace the fiduciary. (Source: P.A. 101-48, eff. 1-1-20.)