(760 ILCS 3/1209)
Sec. 1209. Court involvement. (a) On application of an authorized fiduciary, a person entitled to notice under Section 1207(c), a beneficiary, or, with respect to a charitable interest, the Attorney General or any other person that has standing to enforce the charitable interest, the court may:
(1) provide instructions to the authorized fiduciary |
| regarding whether a proposed exercise of the decanting power is permitted under this Article and consistent with the fiduciary duties of the authorized fiduciary;
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(2) appoint a special fiduciary and authorize the
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| special fiduciary to determine whether the decanting power should be exercised under this Article and to exercise the decanting power;
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(3) approve an exercise of the decanting power;
(4) determine that a proposed or attempted exercise
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| of the decanting power is ineffective because:
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(A) after applying Section 1222, the proposed or
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| attempted exercise does not or did not comply with this Article; or
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(B) the proposed or attempted exercise would be
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| or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;
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(5) determine the extent to which Section 1222
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| applies to a prior exercise of the decanting power;
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(6) provide instructions to the trustee regarding
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| the application of Section 1222 to a prior exercise of the decanting power; or
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(7) order other appropriate relief to carry out the
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| purposes of this Article.
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(b) On application of an authorized fiduciary, the court may approve:
(1) an increase in the fiduciary's compensation
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(2) a modification under Section 1218 of a provision
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| granting a person the right to remove or replace the fiduciary.
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(Source: P.A. 101-48, eff. 1-1-20 .)
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