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Change 1
As published
4-10-111. Nonjudicial settlement agreements.
(a) For purposes of this section, "interested persons" means a qualified beneficiary, the settlor, if living, the trustee and trust protector, if any.
(b) Except as otherwise provided in subsection (c) of this section, interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.
(c) Subject to the rights of persons dealing with a fiduciary as provided in W.S. 4-10-1013, a nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this act or other applicable law.
(d) Matters that may be resolved by a nonjudicial settlement agreement include:
(i) The interpretation or construction of the terms of the trust;
(ii) The approval of a trustee's report or accounting;
(iii) Direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;
(iv) The resignation or appointment of a trustee and the determination of a trustee's compensation;
(v) Transfer of a trust's principal place of administration;
(vi) Liability of a trustee for an action relating to the trust; and
(vii) An election to treat the trust as a qualified spendthrift trust under article 5 of this act and modification of the trust to comply with W.S. 4-10-510.
(e) Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in article 3 of this act was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.
Your change, as a redline
4-10-111. Nonjudicial settlement agreements.
(a) For purposes of this section, "interested persons" means a qualified beneficiary, the settlor, if living, the trustee and trust protector, if any.
(b) Except as otherwise provided in subsection (c) of this section, interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.
(c) Subject to the rights of persons dealing with a fiduciary as provided in W.S. 4-10-1013, a nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this act or other applicable law.
(d) Matters that may be resolved by a nonjudicial settlement agreement include:
(i) The interpretation or construction of the terms of the trust;
(ii) The approval of a trustee's report or accounting;
(iii) Direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;
(iv) The resignation or appointment of a trustee and the determination of a trustee's compensation;
(v) Transfer of a trust's principal place of administration;
(vi) Liability of a trustee for an action relating to the trust; and
(vii) An election to treat the trust as a qualified spendthrift trust under article 5 of this act and modification of the trust to comply with W.S. 4-10-510.
(e) Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in article 3 of this act was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.
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