Title 55, FIDUCIARIES AND TRUSTS

In a judicial proceeding, if the court has been notified of a representative's conflict of interest or potential conflict of interest, the court may find that the representative conflict of interest or potential conflict of interest is immaterial in view of the facts and circumst…

A representative may make a decision with broad discretion and no representative is liable for an action or omission unless the representative: (1) Acts dishonestly; (2) Acts with an improper motive; or (3) Fails, if under a duty to do so, to act. A representative may represent a…

A representative is entitled to reasonable compensation as determined by the trustee except as otherwise provided in the governing instrument. Source: SL 2017, ch 208 , § 18.

In a judicial proceeding, if the court determines that a person cannot be adequately represented by a representative, the court may order that the person be provided notice or may order the appointment of a court representative or a replacement court representative to bind the pe…

Notwithstanding the provisions of § 15-6-17(c), the provisions of this chapter apply to any proceeding involving any person interested in a trust. Source: SL 2017, ch 208 , § 1.

A settlor may be represented by a representative in amending, terminating, or revoking an inter vivos revocable trust only when the representative is: (1) An agent under a written power of attorney when the settlor is incapacitated or not reasonably available and to the extent ex…

Without diminishing the powers of a trustee over the affairs of the trust or trust property, a trustee may not bind a beneficiary of the trustee's trust except as provided in subdivisions 55-18-9(5), (9), (11), and (16). Source: SL 2017, ch 208 , § 21; SL 2019, ch 209 , § 10.

Nothing in this chapter, permits the unauthorized practice of law or diminishes the provisions of § 16-16-19 . Source: SL 2017, ch 208 , § 22.

A governing instrument may require additional notification or consent than otherwise required by law. Unless expressly authorized by the governing instrument, a person designated by a governing instrument to represent another person or class of persons may not represent such pers…

With regard to a testamentary trust proceeding governed by title 29A, in the event of any conflict between this chapter, and chapter 29A-1 , the provisions of this chapter, shall prevail. Source: SL 2017, ch 208 , § 24.

No notifier is liable for undertaking any additional notification or seeking additional consent than required by law or the governing instrument. Source: SL 2017, ch 208 , § 25.

No fiduciary is liable for reliance on the outcome or resolution of any proceeding conducted under this chapter, unless the fiduciary knowingly disregarded the lack of a representative's authority to act with regard to the matter in question. Source: SL 2017, ch 208 , § 26.

In any proceeding: (1) Any notice, governing instrument, accounting, report, or other information which is provided to a representative has the same effect as if the same was given to the person represented; (2) The consent of a representative has the same effect as if the person…

Notwithstanding the provisions of § 55-18-3 , no representative may bind the person represented if, prior to the representative binding the person in the matter in question: (1) The court finds that the person cannot be adequately represented pursuant to § 55-18-19 ; (2) The repr…

Neither notice nor service of process on, nor consent to, any matter in any proceeding is required from: (1) An unborn individual; (2) An unascertained person; (3) The potential appointee of a power of appointment; (4) The potential taker in default of a general power of appointm…

When notice is made on, or consent obtained from, co-representatives, notice on, or consent from, all acting co-representatives is required except when the terms of the co-representatives' authority provide that the co-representatives may act independently or by other means. Howe…

Following the commencement of a judicial proceeding, if a beneficiary timely files a demand for notice with the court, notice shall be given to the beneficiary unless otherwise ordered by the court. Source: SL 2017, ch 208 , § 7; SL 2018, ch 275 , § 33.

The Department of Social Services shall be provided with notice in any proceeding in which an interested beneficiary of a trust may owe a debt to the department pursuant to § 28-6-23 . An interested beneficiary is not considered a person who may owe a debt to the department solel…

Persons who may bind others are as follows: (1) Except as provided in subdivision 55-18-20(2), a conservator may bind a minor or protected person; (2) A guardian may bind the minor or protected person if no conservator of the minor or protected person has been appointed; (3) A pa…

Terms used in this chapter mean: (1) "Account," any arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user; (2) "Agent," any attorney-in-fact gran…

Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications s…

Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electr…

Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, mainta…

Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried…

After an opportunity for a hearing under chapter 29A-5 , a court may grant a conservator access to the digital assets of a protected person. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic comm…

A conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section must be accompanied b…

The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: the duty of care, the duty of loyalty, and the duty of confidentiality. Source: SL 2017, ch 209 , § 16.

A fiduciary's or designated recipient's authority with respect to a digital asset of a user: (1) Is subject to the applicable terms of service except as otherwise provided in § 55-19-4 ; (2) Is subject to other applicable law, including copyright law; (3) Is limited by the scope …

A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a…

A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of any computer fraud or unauthorized computer access law. Source: SL 2017, ch 209 , § 19.

The provisions of this chapter apply to: (1) Any fiduciary acting under a will or power of attorney executed before, on, or after July 1, 2017; (2) Any personal representative acting for a decedent who died before, on, or after July 1, 2017; (3) Any conservatorship proceeding com…

A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor has the right to access the property and any digital asset stored in it, and is an authorized user for the purpose of any computer fraud or unauthorized computer…

A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user. Source: SL 2017, ch 209 , § 21.

The fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by: (1) If the user is deceased, a certified copy of the death certificate of the user; (2) A cert…

A custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account not later than sixty days after receipt of information required under this chapter. A fiduciary or designated recipient may apply…

A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter. Source: SL 2017, ch 209 , § 24.

A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request. Source: SL 2017, …

This chapter does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order that specifies that an account belongs to the protected person or principal, specifies that t…

A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter. Source: SL 2017, ch 209 , § 27.

This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user's death. This chapter does not apply to any digital asset of an employer used by an employee in the ordinary course of the employer's business. Source: SL 2017, …

Any user may utilize an online tool to direct a custodian to disclose or not to disclose to a designated recipient some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at a…

This chapter does not change or impair the right of any custodian or user under a terms-of-service agreement to access and use digital assets of the user. This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user f…

If a custodian discloses digital assets of a user under this chapter, the custodian may, at the custodian's sole discretion: (1) Grant a fiduciary or designated recipient full access to the user's account; (2) Grant a fiduciary or designated recipient partial access to the user's…

If a deceased user consented to or a court directs disclosure of contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the…

Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than …

To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent give…