Section 55-18-18 – Compensation of representative.
55-18-18. Compensation of representative. A representative is entitled to reasonable compensation as determined by the trustee except as otherwise provided in the governing instrument. Source: SL 2017, ch 208, §18.
Section 55-18-19 – Appointment of court representative.
55-18-19. Appointment of court representative. In a judicial proceeding, if the court determines that a person cannot be adequately represented by a representative, the court may order that the person be provided notice or may order the appointment of a court representative or a replacement court representative to bind the person. The basis for a […]
Section 55-18-20 – Limitations on representation of settlor–Limitations on settlor’s authority to bind beneficiary.
55-18-20. Limitations on representation of settlor–Limitations on settlor’s authority to bind beneficiary. A settlor may be represented by a representative in amending, terminating, or revoking an inter vivos revocable trust only when the representative is: (1)An agent under a written power of attorney when the settlor is incapacitated or not reasonably available and to the […]
Section 55-18-21 – Limitations on trustee’s authority to bind beneficiary.
55-18-21. Limitations on trustee’s authority to bind beneficiary. Without diminishing the powers of a trustee over the affairs of the trust or trust property, a trustee may not bind a beneficiary of the trustee’s trust except as provided in subdivisions 55-18-9(5), (9), (11), and (16). Source: SL 2017, ch 208, §21; SL 2019, ch 209, […]
Section 55-18-22 – Unauthorized practice of law not permitted.
55-18-22. Unauthorized practice of law not permitted. Nothing in this chapter, permits the unauthorized practice of law or diminishes the provisions of §16-16-19. Source: SL 2017, ch 208, §22.
Section 55-18-23 – Provisions of governing instrument.
55-18-23. Provisions of governing instrument. A governing instrument may require additional notification or consent than otherwise required by law. Unless expressly authorized by the governing instrument, a person designated by a governing instrument to represent another person or class of persons may not represent such person or class of persons while that designee is serving […]
Section 55-18-24 – Construction with chapter 29A-1.
55-18-24. Construction with chapter 29A-1. With regard to a testamentary trust proceeding governed by title 29A, in the event of any conflict between this chapter, and chapter 29A-1, the provisions of this chapter, shall prevail. Source: SL 2017, ch 208, §24.
Section 55-18-25 – Liability of notifier.
55-18-25. Liability of notifier. No notifier is liable for undertaking any additional notification or seeking additional consent than required by law or the governing instrument. Source: SL 2017, ch 208, §25.
Section 55-18-26 – Liability of fiduciary.
55-18-26. Liability of fiduciary. No fiduciary is liable for reliance on the outcome or resolution of any proceeding conducted under this chapter, unless the fiduciary knowingly disregarded the lack of a representative’s authority to act with regard to the matter in question. Source: SL 2017, ch 208, §26.
Section 55-18-15 – Disclosure of conflict of interest by notifier.
55-18-15. Disclosure of conflict of interest by notifier. Unless notice of a conflict of interest has been carried out pursuant to §55-18-14, if the notifier knows that a representative has a conflict of interest with respect to the matter in question, the notifier shall timely disclose the nature of the conflict of interest: (1)In a […]