11-A-1.3 - Fiduciary duties; general principles

§ 11-A-1.3 Fiduciary duties; general principles    (a)  In  allocating receipts and disbursements to or between principal  and income, and with respect to any matter within the scope of  parts  2  and 3, a fiduciary:    (1) shall administer a trust or estate in accordance with the terms of  the  trust  or  the will, even if there is a different provision in this  article;    (2)  may  administer  a  trust  or  estate  by  the  exercise   of   a  discretionary  power  of  administration  given  to the fiduciary by the  terms of the trust or the will,  even  if  the  exercise  of  the  power  produces  a result different from a result required or permitted by this  article;    (3) shall administer a trust or estate in accordance with this article  if the terms of the trust  or  the  will  do  not  contain  a  different  provision  or  do  not  give  the  fiduciary  a  discretionary  power of  administration; and    (4) shall add a receipt or charge a disbursement to principal  to  the  extent  that  the terms of the trust or the will and this article do not  provide a rule for allocating the receipt or disbursement to or  between  principal and income.    (b)  In exercising a discretionary power of administration regarding a  matter within the scope of this article, whether granted by the terms of  a trust, a will, or this article, a fiduciary shall administer  a  trust  or  estate  impartially,  based on what is fair and reasonable to all of  the beneficiaries, except to the extent that the terms of the  trust  or  the  will  clearly manifest an intention that the fiduciary shall or may  favor one or more of the beneficiaries. A  determination  in  accordance  with  this  article  is presumed to be fair and reasonable to all of the  beneficiaries.