On application of an authorized fiduciary or a person entitled to receive notice under § 14-605 of this subtitle, a court may:
(1) Determine whether a proposed or attempted exercise of the decanting power is allowed under this subtitle and consistent with the fiduciary duties of the authorized fiduciary;
(2) Appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised and to exercise the decanting power;
(3) Approve the exercise of the decanting power;
(4) Determine that the proposed or attempted exercise of the decanting power is ineffective:
(i) Due to a failure to comply with the provisions of this subtitle;
(ii) As an abuse of the authorized fiduciary's discretion; or
(iii) As a breach of the authorized fiduciary's fiduciary duties;
(5) Determine the extent to which § 14-619 of this subtitle applies to a prior exercise of the decanting power;
(6) Determine the application of § 14-619 of this subtitle to a prior exercise of the decanting power; or
(7) Order other relief to carry out the purposes of this title.
Credits
Added by Acts 2023, c. 715, § 1, eff. Oct. 1, 2023; Acts 2023, c. 716, § 1, eff. Oct. 1, 2023.
MD Code, Estates and Trusts, § 14-606, MD EST & TRST § 14-606
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
