75A-5-202. Judicial review of exercise of discretionary power -- Request for instruction.
(1) In this section, "fiduciary decision" means: a fiduciary's allocation between income and principal or other determination regarding income and principal required or authorized by the terms of the trust or this chapter; the fiduciary's exercise or nonexercise of a discretionary power regarding income and principal granted by the terms of the trust or this chapter, including the power to: adjust under Section; 75A-5-203 convert an income trust to a unitrust under Subsection; 75A-5-303(1)(a) change the percentage or method used to calculate a unitrust amount under Subsection; or 75A-5-303(1)(b) convert a unitrust to an income trust under Subsection; or 75A-5-303(1)(c) the fiduciary's implementation of a decision described in Subsection (1)(a) or (b).
(2) The court may not order a fiduciary to change a fiduciary decision, unless the court determines that the fiduciary decision was an abuse of the fiduciary's discretion.
(3) If the court determines that a fiduciary decision was an abuse of the fiduciary's discretion, the court may order a remedy authorized by law, including a remedy authorized in Section. 75B-2-1001 To place the beneficiaries in the positions that the beneficiaries would have occupied if there had not been an abuse of the fiduciary's discretion, the court may order: the fiduciary to exercise or refrain from exercising the power to adjust under Section; 75A-5-203 the fiduciary to exercise or refrain from exercising the power to: convert an income trust to a unitrust under Subsection; 75A-5-303(1)(a) change the percentage or method used to calculate a unitrust amount under Subsection; or 75A-5-303(1)(b) convert a unitrust to an income trust under Subsection; 75A-5-303(1)(c) the fiduciary to distribute an amount to a beneficiary; a beneficiary to return some or all of a distribution; or the fiduciary to withhold an amount from one or more future distributions to a beneficiary.
(4) On petition by a fiduciary for instruction, the court may determine whether a proposed fiduciary decision will result in an abuse of the fiduciary's discretion. A beneficiary that opposes the proposed decision has the burden to establish that the proposed decision will result in an abuse of the fiduciary's discretion if the petition: describes the proposed decision; contains sufficient information to inform the beneficiary of the reasons for making the proposed decision and the facts on which the fiduciary relies; and explains how the beneficiary will be affected by the proposed decision.