New Mexico § 46-12-109 - Court involvement

§ 46-12-109. Court involvement

A. On application of an authorized fiduciary, a person entitled to notice under Subsection

C of Section 1-107 of the Uniform Trust Decanting Act, a beneficiary or, with respect

to a charitable interest, the attorney general or 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 the Uniform Trust Decanting Act

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 under the Uniform Trust Decanting Act and

to exercise the decanting power; (3) approve an exercise of the decanting power; (4) determine that a proposed or attempted exercise of the decanting power is ineffective

because: (a) after applying Section 1-122 of the Uniform Trust Decanting Act, the proposed

or attempted exercise does not or did not comply with the Uniform Trust Decanting

Act; or (b) the proposed or attempted exercise would be or was an abuse of the fiduciary's

discretion or a breach of fiduciary duty; (5) determine the extent to which Section 1-122 of the Uniform Trust Decanting Act

applies to a prior exercise of the decanting power; (6) provide instructions to the trustee regarding the application of Section 1-122

of the Uniform Trust Decanting Act to a prior exercise of the decanting power; or (7) order other relief to carry out the purposes of the Uniform Trust Decanting Act. B. On application of an authorized fiduciary, the court may approve: (1) an increase in the fiduciary's compensation under Section 1-116 of the Uniform

Trust Decanting Act; or (2) a modification under Section 1-118 of the Uniform Trust Decanting Act of a provision

granting a person the right to remove or replace the fiduciary.