Section 22-3-202 - [Renumbered Effective 9/1/2024] Judicial review of exercise of discretionary power - Request for instruction(1) In this section, "fiduciary decision" means: (a) a fiduciary's allocation between income and principal or other determination regarding income and principal required or authorized by the terms of the trust or this chapter;(b) the fiduciary's exercise or nonexercise of a discretionary power regarding income and principal granted by the terms of the trust or this chapter, including the power to:(i) adjust under Section 22-3-203;(ii) convert an income trust to a unitrust under Subsection 22-3-303(1)(a);(iii) change the percentage or method used to calculate a unitrust amount under Subsection 22-3-303(1)(b); or(iv) convert a unitrust to an income trust under Subsection 22-3-303(1)(c); or(c) the fiduciary's implementation of a decision described in Subsection (1)(a) or (b).(2) The court may not order a fiduciary to change a fiduciary decision, unless the court determines that the fiduciary decision was an abuse of the fiduciary's discretion.(3)(a) If the court determines that a fiduciary decision was an abuse of the fiduciary's discretion, the court may order a remedy authorized by law, including a remedy authorized in Section 75-7-1001.(b) To place the beneficiaries in the positions that the beneficiaries would have occupied if there had not been an abuse of the fiduciary's discretion, the court may order: (i) the fiduciary to exercise or refrain from exercising the power to adjust under Section 22-3-203;(ii) the fiduciary to exercise or refrain from exercising the power to: (A) convert an income trust to a unitrust under Subsection 22-3-303(1)(a);(B) change the percentage or method used to calculate a unitrust amount under Subsection 22-3-303(1)(b); or(C) convert a unitrust to an income trust under Subsection 22-3-303(1)(c);(iii) the fiduciary to distribute an amount to a beneficiary;(iv) a beneficiary to return some or all of a distribution; or(v) the fiduciary to withhold an amount from one or more future distributions to a beneficiary.(4)(a) On petition by a fiduciary for instruction, the court may determine whether a proposed fiduciary decision will result in an abuse of the fiduciary's discretion.(b) A beneficiary that opposes the proposed decision has the burden to establish that the proposed decision will result in an abuse of the fiduciary's discretion if the petition: (i) describes the proposed decision;(ii) contains sufficient information to inform the beneficiary of the reasons for making the proposed decision and the facts on which the fiduciary relies; and(iii) explains how the beneficiary will be affected by the proposed decision.Renumbered as § 75A-5-202 by Chapter (number not assigned at time of publication), 2024 General Session ,§ 135, eff. 9/1/2024.Amended by Chapter 348, 2020 General Session ,§ 4, eff. 7/1/2020.Repealed and reenacted by Chapter 495, 2019 General Session ,§ 6, eff. 7/1/2020.Amended by Chapter 297, 2011 General Session