PART 11. FIDUCIARIES' WARTIME SUBSTITUTION LAW [350. - 388.]
Part 11 enacted by Stats. 1990, Ch. 79.
§§ 350–388 · 24 sections
CHAPTER 1. General Provisions §§ 350–366 · 11 sections
ARTICLE 1. Short Title and Definitions §§ 350–356 · 7 sections
- § 350 This part may be cited as the Fiduciaries’ Wartime Substitution Law.
- § 351 Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part.
- § 352 “Consultant” means a person, other than a trustee, designated in a trust to advise or direct the trustee concerning the trust, or whose consent or approval is…
- § 353 “Estate” means a trust estate, a decedent’s estate, a guardianship or conservatorship estate, or other property that is the subject of a donative transfer.
- § 354 “Interested person” means, in addition to the meaning given that term in Section 48, a person having a property right in or claim against a guardianship or…
- § 355 “Original fiduciary” means a fiduciary who is replaced by a substitute fiduciary or who makes a delegation of power under this part.
- § 356 A fiduciary or consultant is engaged in war service for the purpose of this part in each of the following cases: (a) Where the person is a member of the armed…
ARTICLE 2. Scope of Part §§ 360–361 · 2 sections
ARTICLE 3. Procedural Provisions §§ 365–366 · 2 sections
- § 365 Proceedings under this part are in the court having jurisdiction over the estate or, if none, any court in which jurisdiction of the estate is proper.
- § 366 Notice of a hearing under this part shall be delivered pursuant to Section 1215 at least 15 days before the hearing to each fiduciary and consultant, and to…
CHAPTER 2. Appointment of Substitute Fiduciary §§ 370–374 · 5 sections
- § 370 If a fiduciary is engaged in war service, on petition of the fiduciary, a cofiduciary, or an interested person, the court may do any one or more of the…
- § 371 A substitute fiduciary has all the powers, including discretionary powers, that the original fiduciary had, except powers that the court determines are purely…
- § 372 Except as otherwise ordered by the court, a substitute fiduciary shall give a bond in the manner and to the extent provided by law for the original fiduciary.
- § 373 After the expiration of an original fiduciary’s war service, if the estate has not been closed, the original fiduciary, on petition, is entitled to…
- § 374 A substitute fiduciary or an original fiduciary reinstated under Section 373 is not liable for the acts or omissions of the predecessor fiduciary.
CHAPTER 3. Delegation of Powers §§ 380–388 · 8 sections
ARTICLE 1. Delegation by Fiduciary §§ 380–383 · 4 sections
- § 380 (a) A fiduciary who is or will be engaged in war service may delegate the fiduciary’s powers, including discretionary powers, to a fiduciary who is not engaged…
- § 381 The right of delegation does not exist to the extent the court determines that powers to be delegated are purely personal to the original fiduciary.
- § 382 After the expiration of the original fiduciary’s war service, the court may, on petition of the original fiduciary, authorize the original fiduciary to resume…
- § 383 The original fiduciary is not liable for the acts or omissions of the delegate.
ARTICLE 2. Delegation by Consultant §§ 385–388 · 4 sections
- § 385 (a) A consultant who is or will be engaged in war service may delegate the powers of the consultant, including discretionary powers, to a coconsultant who is…
- § 386 If a consultant who is engaged in war service does not delegate the consultant’s powers, the court, on petition of the trustee or an interested person, may do…
- § 387 If a consultant has delegated or the court has suspended the powers of the consultant, the court may, on petition by the consultant within six months following…
- § 388 A consultant who delegates powers under this article is not liable for the acts or omissions of the delegate.