US Lawyer Database

Section 4-10-910 – Language Invoking Standard of This Article.

4-10-910. Language invoking standard of this article. (a) The following terms or comparable language in the provisions of a trust, unless otherwise limited or modified, authorizes any investment or strategy permitted under this article: (i) “Investments permissible by law for investment of trust funds”; (ii) “Legal investments”; (iii) “Authorized investments”; (iv) “Using the judgment and […]

Section 4-10-1001 – Remedies for Breach of Trust.

4-10-1001. Remedies for breach of trust. (a) A violation by a fiduciary of a duty the fiduciary owes to a beneficiary is a breach of trust. (b) To remedy a breach of trust that has occurred or may occur, the court may: (i) Compel the fiduciary to perform the fiduciary’s duties; (ii) Enjoin the fiduciary […]

Section 4-10-901 – Prudent Investor Rule; Definitions.

4-10-901. Prudent investor rule; definitions. (a) Except as otherwise provided in subsection (b) of this section, a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule set forth in this article. (b) The prudent investor rule, a default rule, may be […]

Section 4-10-902 – Standard of Care; Portfolio Strategy; Risk and Return Objectives.

4-10-902. Standard of care; portfolio strategy; risk and return objectives. (a) A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill and caution. (b) A trustee’s investment and […]

Section 4-10-903 – Diversification.

4-10-903. Diversification. A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying.

Section 4-10-904 – Duties at Inception of Trusteeship.

4-10-904. Duties at inception of trusteeship. Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning the retention and disposition of assets, in order to bring the trust portfolio into compliance with the purposes, terms, distribution requirements and other circumstances […]

Section 4-10-905 – Loyalty.

4-10-905. Loyalty. A trustee shall invest and manage the trust assets solely in the interest of the beneficiaries.

Section 4-10-815 – General Powers of Trustee.

4-10-815. General powers of trustee. (a) A trustee, without authorization by the court, may exercise: (i) Powers conferred by the terms of the trust; and (ii) Except as limited by the terms of the trust: (A) All powers over the trust property which an unmarried competent owner has over individually owned property; (B) Any other […]