1. (1) In this section, "fiduciary decision" means:

   1. (a) 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;

   2. (b) 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:

      1. (i) adjust under Section 75A-5-203;
      2. (ii) convert an income trust to a unitrust under Subsection 75A-5-303(1)(a);
      3. (iii) change the percentage or method used to calculate a unitrust amount under Subsection 75A-5-303(1)(b); or
      4. (iv) convert a unitrust to an income trust under Subsection 75A-5-303(1)(c); or
   3. (c) the fiduciary's implementation of a decision described in Subsection (1)(a) or (b).
2. (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. (3)

   1. (a) 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.

   2. (b) 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:

      1. (i) the fiduciary to exercise or refrain from exercising the power to adjust under Section 75A-5-203;

      2. (ii) the fiduciary to exercise or refrain from exercising the power to:

         1. (A) convert an income trust to a unitrust under Subsection 75A-5-303(1)(a);
         2. (B) change the percentage or method used to calculate a unitrust amount under Subsection 75A-5-303(1)(b); or
         3. (C) convert a unitrust to an income trust under Subsection 75A-5-303(1)(c);
      3. (iii) the fiduciary to distribute an amount to a beneficiary;
      4. (iv) a beneficiary to return some or all of a distribution; or
      5. (v) the fiduciary to withhold an amount from one or more future distributions to a beneficiary.

4. (4)

   1. (a) 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.

   2. (b) 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:

      1. (i) describes the proposed decision;
      2. (ii) contains sufficient information to inform the beneficiary of the reasons for making the proposed decision and the facts on which the fiduciary relies; and
      3. (iii) explains how the beneficiary will be affected by the proposed decision.

Amended by Chapter 310, 2025 General Session