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![handle is hein.nccusl/nccpub01181 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 POWER.
(a) The court may not order a fiduciary to change a 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 fiduciarys discretion. A fiduciary's decision is not an abuse of discretion merely because
the court would have exercised the power in a different manner or would not have exercised the
power.
(b) The decisions to which subsection (a) applies include:
(1) a decision under Section 104(a) as to whether and to what extent an amount
should be transferred from principal to income or from income to principal.
(2) a decision regarding the factors that are relevant to the trust and its
beneficiaries, the extent to which the factors are relevant, and the weight, if any, to be given to
those factors, in deciding whether and to what extent to exercise the discretionary power
conferred by Section 104(a).
(c) If the court determines that a fiduciary has abused the fiduciary's discretion, the court
may place the income and remainder beneficiaries in the positions they would have occupied if
the discretion had not been abused, according to the following rules:](ViewImageLocal?handle=hein.nccusl/nccpub01181&div=1&collection=&method=preview&ext=.png&size=3)