Role of court in administration of trust

  1. Law
  2. Mississippi Code
  3. Trusts and Estates
  4. Mississippi Uniform Trust Code
  5. Judicial Proceedings
  6. Role of court in administration of trust

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The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.

A trust is not subject to continuing judicial supervision unless ordered by the court.

A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including, but not limited to, a proceeding to:

  1. Request instructions;
  2. Determine the existence or nonexistence of any immunity, power, privilege, duty or right;
  3. Approve a nonjudicial settlement;
  4. Interpret or construe the terms of the trust;
  5. Determine the validity of a trust or of any of its terms;
  6. Approve a trustee's report or accounting or compel a trustee to report or account;
  7. Direct a trustee to refrain from performing a particular act or grant to a trustee any necessary or desirable power;
  8. Review the actions or approve the proposed actions of a trustee, including the exercise of a discretionary power;
  9. Accept the resignation of a trustee;
  10. Appoint or remove a trustee;
  11. Determine a trustee's compensation;
  12. Transfer a trust's principal place of administration or a trust's property to another jurisdiction;
  13. Determine the liability of a trustee for an action relating to the trust and compel redress of a breach of trust by any available remedy;
  14. Modify or terminate a trust;
  15. Combine trusts or divide a trust;
  16. Determine liability of a trust for debts of a beneficiary and living settlor;
  17. Determine liability of a trust for debts, expenses of administration, and statutory allowances chargeable against the estate of a deceased settlor;
  18. Determine the liability of a trust for claims, expenses and taxes in connection with the settlement of a trust that was revocable at the settlor's death; and
  19. Ascertain beneficiaries and determine to whom property will pass upon final or partial termination of a trust.


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