Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 7710.1 - Nonjudicial settlement agreements - utc 111(b)General rule.--Except as otherwise provided in subsection (c), all beneficiaries , all trustees and other persons, if any, who have an interest in a matter relating to a trust may enter into a binding nonjudicial settlement agreement with respect to the matter. The rules of Subchapter C (relating to representation) shall apply to a settlement agreement under this section. Persons having interests in the matter shall be the same as indispensable parties to a court action seeking the same result. (c)Exception.--A nonjudicial settlement agreement is valid only to the extent it is not inconsistent with a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law.(d) Matters that may be resolved.--Matters that may be resolved by a nonjudicial settlement agreement include the following: (1) The interpretation or construction of the terms of a trust . (2) The approval of a trustee's report or accounting or waiver of the preparation of a trustee's report or accounting.(3) Direction to a trustee to perform or refrain from performing a particular act.(4) The resignation or appointment of a trustee and the determination of a trustee's compensation.(5) Transfer of a trust's situs.(6) Liability or release from liability of a trustee for an action relating to the trust.(7) The grant to a trustee of any necessary or desirable power.(8) The exercise or nonexercise of any power by a trustee.(9) Questions relating to the property or an interest in property held as part of a trust.(10) An action or proposed action by or against a trust or trustee.(11) The modification or termination of a trust.(12) An investment decision, policy, plan or program of a trustee.(13) Any other matter concerning the administration of a trust.(e) Request of court.--Any beneficiary or trustee of a trust may request the court to approve a nonjudicial settlement agreement to determine whether the representation as provided in Subchapter C was adequate or whether the agreement contains terms and conditions the court could have properly approved.Amended by P.L. (number not assigned at time of publication) 2024 No. 64,§ 2, eff. 10/14/2024.Amended by P.L. TBD 2016 No. 79, § 14, eff. 1/1/2017.2006, July 7, P.L. 625, No. 98, § 9, effective in 120 days [Nov. 6, 2006].