Improper motive

For purposes of §§ 55-1-24 to 55-1-45 , inclusive, improper motive is demonstrated by action such as the following: (1) A trustee refusing to make or limiting distributions to beneficiaries other than the trustee due to the trustee's self interest when the trustee also holds a beneficial interest subject to a discretionary interest; or (2) A trustee making a distribution in excess of an ascertainable standard to himself or herself as beneficiary when the trustee is restricted by an ascertainable standard in the trust. Source: SL 2008, ch 257 , § 3; SL 2011, ch 212 , § 31.