Md. Code Ann., Est. & Trusts § 14-606
Court authorized to review or control exercise of decanting power upon application
Effective Oct 1, 2023Added by Acts 2023, c. 715, § 1, eff. Oct. 1, 2023; Acts 2023, c. 716, § 1, eff. Oct. 1, 2023.State of Maryland
- (1) Determine whether a proposed or attempted exercise of the decanting power is allowed under this subtitle and consistent with the fiduciary duties of the authorized fiduciary;
- (2) Appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised and to exercise the decanting power;
- (3) Approve the exercise of the decanting power;
(4) Determine that the proposed or attempted exercise of the decanting power is ineffective:
- (i) Due to a failure to comply with the provisions of this subtitle;
- (ii) As an abuse of the authorized fiduciary's discretion; or
- (iii) As a breach of the authorized fiduciary's fiduciary duties;
- (5) Determine the extent to which § 14-619 of this subtitle applies to a prior exercise of the decanting power;
- (6) Determine the application of § 14-619 of this subtitle to a prior exercise of the decanting power; or
- (7) Order other relief to carry out the purposes of this title.
On application of an authorized fiduciary or a person entitled to receive notice under § 14-605 of this subtitle, a court may:
Added by Acts 2023, c. 715, § 1, eff. Oct. 1, 2023; Acts 2023, c. 716, § 1, eff. Oct. 1, 2023.