In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney fees, to any party, to be paid by another party or from the trust that is the subject of the controversy.
History: Laws 2003, ch. 122, § 10-1004.
ANNOTATIONSEffective dates. — Laws 2003, ch. 122, § 11-1106 made the act effective July 1, 2003.
Award of attorney fees is discretionary with the district court. — An award of attorney fees is a matter within the district court's discretion. Khalsa v. Puri, 2015-NMCA-027, cert. denied, 2015-NMCERT-001.
Where defendant claimed that plaintiff waived an award of attorney fees by failing to request attorney fees in the pleadings, the claim that a request for attorney fees is waived unless it is pleaded is not supported by authority; the district court did not abuse its discretion in awarding attorney fees based on the years of litigation over numerous issues, plaintiff's failure to present any direct evidence to support her claims, and in defendants' success in defending the claims. Khalsa v. Puri, 2015-NMCA-027, cert. denied, 2015-NMCERT-001.
Law reviews. — For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).