Section 11-A-1.3. Fiduciary duties; general principles


Latest version.
  • (a)  In  allocating receipts and disbursements to or between principal
      and income, and with respect to any matter within the scope of  parts  2
      and 3, a fiduciary:
        (1) shall administer a trust or estate in accordance with the terms of
      the  trust  or  the will, even if there is a different provision in this
      article;
        (2)  may  administer  a  trust  or  estate  by  the  exercise   of   a
      discretionary  power  of  administration  given  to the fiduciary by the
      terms of the trust or the will,  even  if  the  exercise  of  the  power
      produces  a result different from a result required or permitted by this
      article;
        (3) shall administer a trust or estate in accordance with this article
      if the terms of the trust  or  the  will  do  not  contain  a  different
      provision  or  do  not  give  the  fiduciary  a  discretionary  power of
      administration; and
        (4) shall add a receipt or charge a disbursement to principal  to  the
      extent  that  the terms of the trust or the will and this article do not
      provide a rule for allocating the receipt or disbursement to or  between
      principal and income.
        (b)  In exercising a discretionary power of administration regarding a
      matter within the scope of this article, whether granted by the terms of
      a trust, a will, or this article, a fiduciary shall administer  a  trust
      or  estate  impartially,  based on what is fair and reasonable to all of
      the beneficiaries, except to the extent that the terms of the  trust  or
      the  will  clearly manifest an intention that the fiduciary shall or may
      favor one or more of the beneficiaries. A  determination  in  accordance
      with  this  article  is presumed to be fair and reasonable to all of the
      beneficiaries.