Title XV, JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)

Any governing instrument providing for a trust director or trust protector may also provide such trust director or trust protector with some, none, or all of the rights, powers, privileges, benefits, immunities, or authorities available to a trustee under the law of this state or…

1. An excluded fiduciary is not liable, either individually or as a fiduciary, for any of the following: a. Any loss that results from compliance with a direction of the trust director, including any loss from the trust director breaching fiduciary responsibilities or acting beyo…

An excluded fiduciary may continue to follow the direction of the trust director upon the incapacity or death of the settlor if the instrument so allows. 2020 Acts, ch 1076, §9 Referred to in §633A.4207

If an instrument appoints a trust protector, the excluded fiduciary is not liable for any loss resulting from any action taken upon the trust protector’s direction. 2020 Acts, ch 1076, §10 Referred to in §633A.4207

1. The powers of a trust protector are as provided in the governing instrument and may be exercised or not exercised, in the best interests of the beneficiaries as a class, in the sole and absolute discretion of the trust protector and are binding on all other persons. The powers…

By accepting an appointment to serve as a trust director or trust protector of a trust that is subject to the laws of this state, the trust director or the trust protector submits to the jurisdiction of the courts of Iowa even if investment advisory agreements or other related ag…

Any of the powers enumerated in section 633A.4805 , as they exist at the time of the signing of a will by a testator or at the time of the signing of a trust instrument by a settlor, may be, by appropriate reference made thereto, incorporated in whole or in part in such will or t…

A trust instrument governed by the laws of this state may provide for a person to act as an investment trust director or a distribution trust director with regard to investment decisions or discretionary distributions, respectively. Unless otherwise provided by the terms of the g…

The powers of an investment trust director shall be provided in the trust instrument and may be exercised or not exercised, in the best interests of the beneficiaries as a class, in the sole and absolute discretion of the investment trust director and are binding on any other per…

The powers of a distribution trust director over any discretionary distributions of income or principal, including distributions pursuant to an ascertainable standard or other criteria and appointments pursuant to section 633A.4215 , shall be provided in the trust instrument and …

1. A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, or any other purpose the accomplishment of which is beneficial to the community. 2. If the terms of the trust do not indicate a particular charitable…

Unless the terms of the trust provide to the contrary the following apply: 1. A charitable trust does not fail, in whole or in part, if a particular purpose for which the trust was created becomes impracticable, unlawful, or impossible to fulfill. 2. If a particular charitable pu…

1. On petition by a trustee or other interested person, if the court determines that the value of the trust property is insufficient to justify the cost of administration involved, the court may appoint a new trustee or may modify or terminate the charitable trust. 2. Upon termin…

The settlor, or if the settlor is deceased or not competent, the settlor’s designee named or designated pursuant to section 633A.5106 , the trustee, the attorney general, and any charitable entity or other person with a special interest in the trust shall be interested persons in…

In addition to the provisions of this chapter , a charitable trust that is a private foundation shall be governed by the provisions of chapter 634 . 2005 Acts, ch 38, §48

A settlor may maintain an action to enforce a charitable trust established by the settlor and may designate, either in the agreement establishing the trust or in a written statement signed by the settlor and delivered to the trustee, a person or persons, by name or by description…

1. The provisions of this section apply to the following charitable trusts administered in this state with assets in excess of twenty-five thousand dollars: a. A nonprofit entity as defined in section 501(c)(3) of the Internal Revenue Code, as defined in section 422.3 . b. A char…

The attorney general may investigate a charitable trust to determine whether the charitable trust is being administered in accordance with law and the terms and purposes of the trust. The attorney general may apply to a district court for such orders that are reasonable and neces…

1. The district court sitting in probate has exclusive jurisdiction of proceedings concerning the internal affairs of a trust and of actions and proceedings to determine the existence of a trust, actions and proceedings by or against creditors or debtors of a trust, and other act…

1. Unless otherwise designated in the terms of the trust, the principal place of administration of a trust is the usual place where the day-to-day activity of the trust is carried on by the trustee or the trustee’s representative who is primarily responsible for the administratio…

1. By accepting the trusteeship of a trust having its principal place of administration in this state, the trustee submits personally to the jurisdiction of the court. 2. To the extent of their interests in the trust, all beneficiaries of a trust having its principal place of adm…

1. A proceeding may be commenced in the county in which the trust’s principal place of administration is or is to be located and if the trust is created by will, also in the county in which the decedent’s estate is administered. 2. If a trust not created by will has no trustee, a…

1. The court may transfer the place of administration of a trust to or from this state or transfer some or all of the trust property to a trustee in or outside this state if it finds that the transfer of the trust property to a trustee in this or another jurisdiction, or the tran…

The administration of trusts shall proceed expeditiously and free of judicial intervention, except to the extent the jurisdiction of the court is invoked by interested parties or otherwise exercised as provided by law. 99 Acts, ch 125, §94, 109 C2001, §633.6201 2005 Acts, ch 38, …

1. Except as otherwise provided in section 633A.3103 , a trustee, beneficiary, or other interested party of a trust may petition the court concerning the internal affairs of the trust or to determine the existence of the trust. 2. Proceedings concerning the internal affairs of a …

1. For purposes of this part, “fiduciary matter” includes any item listed in section 633A.6202, subsection 2 . 2. Persons interested in a fiduciary matter may approve a judicial settlement and represent and bind other persons interested in the fiduciary matter. 3. Notice to a per…

1. The holders or all coholders of a power of revocation or presently exercisable general power of appointment, including one in the form of a power of amendment, may represent and bind the persons whose interests, as objects, takers in default, or otherwise, are subject to the p…

To the extent there is no conflict of interest between the representer and those represented with respect to the fiduciary matter, the following are permitted: 1. A conservator may represent and bind the person whose estate the conservator controls. 2. A trustee may represent and…

Unless otherwise represented, a minor, an incompetent, unborn, or unascertained person, or a remote contingent beneficiary may be represented by and bound by another person having a substantially identical interest with respect to the fiduciary matter but only to the extent that …

1. Notice of a judicial settlement shall be given to every interested person or to one who can bind an interested person as described in sections 633A.6302 and 633A.6303 . 2. Notice may be given to a person or to another who may bind the person. 3. Notice is given to unborn or un…

1. At any point in a judicial proceeding, the court may appoint a guardian ad litem to represent and approve a settlement on behalf of the interest of a minor, an incapacitated, unborn, or unascertained person, or a person whose identity or address is unknown, if the court determ…

1. In connection with a nonjudicial settlement, the court may appoint a special representative to represent the interests of and approve a settlement on behalf of designated persons. 2. If not precluded by a conflict of interest, a special representative may be appointed to repre…

1. For purposes of this part, “interested persons” means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court. 2. Except as otherwise provided in subsection 3 , or as to a modification or termination of a…