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Current as of January 01, 2024 | Updated by Findlaw Staff
Powers to Direct.
a. 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.
Cite this article: FindLaw.com - New Jersey Statutes Title 3B. Administration of Estates Decedents and Others 3B § 31-61 - last updated January 01, 2024 | https://codes.findlaw.com/nj/title-3b-administration-of-estates-decedents-and-others/nj-st-sect-3b-31-61/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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