Current through L. 2024, c. 80.
Section 3B:31-61 - Powers to directa. While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust.b. If the terms of a trust confer upon a person other than the settlor of a revocable trust the power to direct certain actions of the trustee, the trustee shall act in accordance with a written exercise of the power unless the attempted exercise is contrary to the terms of the trust or the trustee knows the attempted exercise would constitute a breach of a fiduciary duty that the person holding the power owes to the beneficiaries of the trust.c. The terms of a trust may confer upon a trustee or other person a power to direct the modification or termination of the trust.d. A person, other than a beneficiary, who holds a power to direct is required to act in good faith with regard to the purposes of the trust and the interests of the beneficiaries. The holder of a power to direct is liable for any loss that results from the holder's failure to act in good faith.Added by L. 2015, c. 276,s. 1, eff. 7/17/2016.