- Except as otherwise provided in subsection (b), the trustee and the qualified beneficiaries may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.
- A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law.
- Matters that may be resolved by a nonjudicial settlement agreement include, but are not limited to:
- The interpretation or construction of the terms of the trust;
- The approval of a trustee’s report or accounting;
- Direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;
- The resignation or appointment of a trustee and the determination of a trustee’s compensation;
- Transfer of a trust’s principal place of administration;
- Liability of a trustee for an action relating to the trust;
- The extent or waiver of bond of a trustee;
- The governing law of the trust; and
- The criteria for distribution to a beneficiary where the trustee is given discretion.
- Any qualified beneficiary or trustee may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in part 3 of this chapter was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.