D.C. Code § 19-1909

Court involvement.

Effective Mar 7, 2025Mar. 7, 2025, D.C. Law 25-266, § 2(b)
  1. (a) On application of an authorized fiduciary a person entitled to notice under § 19-1907(c), a beneficiary, or with respect to a charitable interest the Attorney General or other person that has standing to enforce the charitable interest, the court may:

    1. (1) Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this chapter and consistent with the fiduciary duties of the authorized fiduciary;
    2. (2) Appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this chapter and to exercise the decanting power;
    3. (3) Approve an exercise of the decanting power;
    4. (4) Determine that a proposed or attempted exercise of the decanting power is ineffective because:

      1. (A) After applying § 19-1922, the proposed or attempted exercise does not or did not comply with this chapter; or
      2. (B) The proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;
    5. (5) Determine the extent to which § 19-1922 applies to a prior exercise of the decanting power;
    6. (6) Provide instructions to the trustee regarding the application of § 19-1922 to a prior exercise of the decanting power; or
    7. (7) Order other relief to carry out the purposes of this chapter.
  2. (b) On application of an authorized fiduciary, the court may approve:

    1. (1) An increase in the fiduciary's compensation under § 19-1916; or
    2. (2) A modification under § 19-1918 of a provision granting a person the right to remove or replace the fiduciary.

History

Mar. 7, 2025, D.C. Law 25-266, § 2(b)

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