2014 -- H 7846 | |
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LC004977 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2014 | |
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A N A C T | |
RELATING TO POWERS OF FIDUCIARIES | |
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Introduced By: Representative Michael J.Marcello | |
Date Introduced: March 04, 2014 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 18-4 of the General Laws entitled "Powers of Fiduciaries" is |
2 | hereby amended by adding thereto the following section: |
3 | 18-4-32. Powers to direct. – (a) While a trust is revocable, the trustee may follow a |
4 | direction of the settlor that is contrary to the terms of the trust; |
5 | (b) If the terms of a trust confer on a person other than the settlor of a revocable trust the |
6 | power to direct certain actions of the trustee, the trustee shall act in accordance with an exercise |
7 | of the power unless the attempted exercise is manifestly contrary to the terms of the trust or the |
8 | trustee knows the attempted exercise would constitute a serious breach of a fiduciary duty that the |
9 | person holding the power owes to the beneficiaries of the trust; |
10 | (c) The terms of a trust may confer on a trustee or other person a power to direct the |
11 | modifications or termination of the trust; |
12 | (d) A person who holds a power to direct is presumptively a fiduciary who is required to |
13 | act in good faith with regard to the purposes of the trust and the interests of the beneficiaries. The |
14 | holder of a power to direct shall be liable for any loss that results from a breach of fiduciary duty. |
15 | SECTION 2. This act shall take effect upon passage and shall apply to all trusts, |
16 | whenever executed. |
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LC004977 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO POWERS OF FIDUCIARIES | |
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1 | This act would permit the settlor of a trust to provide for a person other than the trustee to |
2 | direct actions of the trustee. |
3 | This act would take effect upon passage and shall apply to all trusts, whenever executed. |
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LC004977 | |
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