554A-5 Power of court to permit deviation or to approve transactions involving conflict of interest. (a) This chapter does not affect the power of a court of competent jurisdiction for cause shown and upon petition of the trustee or affected beneficiary and upon appropriate notice to the affected parties to relieve a trustee from any restrictions on the trustee's power that would otherwise be placed upon the trustee by the trust or by this chapter.

(b) If the duty of the trustee and the trustee's individual interest or the trustee's interest as trustee of another trust, conflict in the exercise of a trust power, the power may be exercised only by court authorization (except as provided in section 554A-3(c)(1), (5), (17), and (23)) upon petition of the trustee. Under this section, personal profit or advantage to an affiliated or subsidiary company or association is personal profit to any corporate trustee. [L 1985, c 61, pt of 1; am L 1987, c 283, 51]


Law Journals and Reviews


Trustee v. Beneficiary. 15 HBJ, no. 13, at 145 (2013).



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