{"data":{"id":"us-nm/46-12-109","jurisdiction":"us-nm","citation":"46-12-109","heading":"Court involvement.","body":"A. On application of an authorized fiduciary, a person entitled to notice under Subsection C of Section 1-107 [46-12-107 NMSA 1978] of the Uniform Trust Decanting Act, 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:\n(1) provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under the Uniform Trust Decanting Act and consistent with the fiduciary duties of the authorized fiduciary;\n(2) appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under the Uniform Trust Decanting Act and to exercise the decanting power;\n(3) approve an exercise of the decanting power;\n(4) determine that a proposed or attempted exercise of the decanting power is ineffective because:\n(a) after applying Section 1-122 [46-12-122 NMSA 1978] of the Uniform Trust Decanting Act, the proposed or attempted exercise does not or did not comply with the Uniform Trust Decanting Act; or\n(b) the proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;\n(5) determine the extent to which Section 1-122 of the Uniform Trust Decanting Act applies to a prior exercise of the decanting power;\n(6) provide instructions to the trustee regarding the application of Section 1-122 of the Uniform Trust Decanting Act to a prior exercise of the decanting power; or\n(7) order other relief to carry out the purposes of the Uniform Trust Decanting Act.\nB. On application of an authorized fiduciary, the court may approve:\n(1) an increase in the fiduciary's compensation under Section 1-116 [46-12-116 NMSA 1978] of the Uniform Trust Decanting Act; or\n(2) a modification under Section 1-118 [46-12-118 NMSA 1978] of the Uniform Trust Decanting Act of a provision granting a person the right to remove or replace the fiduciary.","path":["Chapter 46 - Fiduciaries and Trusts","ARTICLE 12 Uniform Trust Decanting"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18547/index.do","current_through":"2024-04-26","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"027ef330dd1b37c321f640fb49cfe64d41b4c02bcc59d9f2c923c1be1d0c4f61","source_id":"us-nm","stale":false,"prev":"us-nm/46-12-108","next":"us-nm/46-12-110"},"notice":"GroundRules: Original legal text. Not legal advice."}