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District of Columbia · Through 2026-08-20 (D.C. Law 26-175)

D.C. Code § 19-1909: Court involvement.

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Where this section sits in the code
  1. Title 19. Descent, Distribution, and Trusts. [Enacted title]
  2. Chapter 19. Uniform Trust Decanting Code.

(a)

On application of an authorized fiduciary a person entitled to notice under § 19-1907(c), a beneficiary, or with respect to a charitable interest the Attorney General or other person that has standing to enforce the charitable interest, the court may:

(1)

Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this chapter 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 under this chapter and to exercise the decanting power;

(3)

Approve an exercise of the decanting power;

(4)

Determine that a proposed or attempted exercise of the decanting power is ineffective because:

(A)

After applying § 19-1922, the proposed or attempted exercise does not or did not comply with this chapter; or

(B)

The proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;

(5)

Determine the extent to which § 19-1922 applies to a prior exercise of the decanting power;

(6)

Provide instructions to the trustee regarding the application of § 19-1922 to a prior exercise of the decanting power; or

(7)

Order other relief to carry out the purposes of this chapter.

(b)

On application of an authorized fiduciary, the court may approve:

(1)

An increase in the fiduciary's compensation under § 19-1916; or

(2)

A modification under § 19-1918 of a provision granting a person the right to remove or replace the fiduciary.

Collected 2026-08-29T05:44:07Z. Source file · JSON

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