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![handle is hein.nccusl/nccpub01179 and id is 1 raw text is: AMENDMENT TO
UNIFORM PRINCIPAL AND INCOME ACT (1997)
SECTION 105
As Approved by the
National Conference of Commissioners
on Uniform State Laws
August 3, 2000
SECTION 105. JUDICIAL CONTROL OF DISCRETIONARY POWERS.
(a) A court shall not change a fiduciary's decision to exercise or not to exercise a
discretionary power conferred by this [Act] unless it determines that the decision was an
abuse of the fiduciary's discretion. A court shall not determine that a fiduciary abused its
discretion merely because the court would have exercised the discretion in a different
manner or would not have exercised the discretion.
(b) The decisions to which subsection (a) applies include:
(1) A determination under Section 104(a) of whether and to what extent an
amount should be transferred from principal to income or from income to principal.
(2) A determination of the factors that are relevant to the trust and its
beneficiaries, the extent to which they are relevant, and the weight, if any, to be given to
the relevant factors, in deciding whether and to what extent to exercise the power
conferred by Section 104(a.
(c) If a court determines that a fiduciary has abused its discretion, the remedy is to
restore the income and remainder beneficiaries to the positions they would have occupied
if the fiduciary had not abused its discretion, according to the following rules:
(1) To the extent that the abuse of discretion has resulted in no distribution to
a beneficiary or a distribution that is too small, the court shall require the fiduciary to
distribute from the trust to the beneficiary an amount that the court determines will restore
the beneficiary. in whole or in part, to his or her appropriate position.](ViewImageLocal?handle=hein.nccusl/nccpub01179&div=1&collection=&method=preview&ext=.png&size=3)