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H.568

AN ACT RELATING TO APPLICABILITY OF AN ACT REGARDING TRUSTEES

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  FINDINGS; PURPOSE

(a)  The general assembly finds that, in 2004, the general assembly determined during deliberations on H.747, an act relating to removal and replacement of trustees upon petition by a beneficiary or co-trustee, there were problems in the administration of certain existing trusts and potentially with trusts created subsequent to the passage of the act.  The general assembly further finds that No. 106 of the Acts of the 2003 Adj. Sess. (2004) was enacted to solve those problems by tightening up the process and changing the venue of the decision to ensure the wishes of the grantor are honored, not by changing the obligations of the trust contract.

(b)  The purpose of this bill is to make clear that the intent of the general assembly in enacting the act authorizing the replacement of trustees was to have the act apply to trusts in existence at the time as well as trusts created after the passage of the act.


Sec. 2.  14 V.S.A. § 2314(e) is added to read:

(e)  A court may order trustees who are replaced pursuant to an action brought under this section to reimburse the trust for attorney fees and court costs paid by the trust relating to the action.

Sec. 3.  32 V.S.A. § 1434(a) is amended to read:

(a)  The following entry fees shall be paid to the probate court for the benefit of the state, except for subdivision (13) of this subsection which shall be for the benefit of the county in which the fee was collected:

* * *

(8)  Annual accounts on decedents’                                 $  25.00

estates filed for any period

ending more than one year

following the death of the

decedent opening of the estate

* * *

(17)  Petitions for removal of a                                        $50.00

trustee pursuant to 14 V.S.A. § 2413(c)

of trusts under $20,000.00 or less

(18)  Petitions for removal of a trustee                             $100.00

pursuant to 14 V.S.A. § 2413(c) of trusts

of more than $20,000.00

(19)  Petitions concerning advance                                               $75.00

directives pursuant to 18 V.S.A. § 9718

Sec. 4.  TRUSTEE REMOVAL ACT APPLIES TO EXISTING TRUSTS

Sec. 2 of No. 106 of the Acts of the 2003 Adj. Sess. (2004) shall apply both to trusts existing at the time of the effective date of the act and to trusts created thereafter.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us