68-104. UNIFORM TRUSTEES’ POWERS ACT — DEFINITIONS. As used in this act:
(1) "Trust" means an express trust created by a trust instrument, including a will, whereby a trustee has the duty to administer a trust asset for the benefit of a named or otherwise described income or principal beneficiary, or both; "trust" does not include a resulting or constructive trust, a business trust which provides for certificates to be issued to the beneficiary, an investment trust, a voting trust, a security instrument, a trust created by the judgment or decree of a court, a liquidation trust, or a trust for the primary purpose of paying dividends, interests, interest coupons, salaries, wages, pensions or profits, or employee benefits of any kind, an instrument wherein a person is nominee or escrowee for another, a trust created in deposits in any financial institution, or other trust the nature of which does not admit of general trust administration;
(2) "Trustee" means an original, added, or successor trustee;
(3) "Prudent man" means a trustee whose exercise of trust powers is reasonable and equitable in view of the interests of income or principal beneficiaries, or both, and in view of the manner in which men of ordinary prudence, diligence, discretion, and judgment would act in the management of their own affairs.
History:
[68-104, added 1965, ch. 95, sec. 1, p. 173.]
Structure Idaho Code
Title 68 - TRUSTS AND FIDUCIARIES
Section 68-101 - TRUSTEES — POWER OF DISTRICT COURT TO APPOINT.
Section 68-102 - DEATH, RENUNCIATION, OR DISCHARGE OF TRUSTEE — SURVIVAL OF TRUST.
Section 68-103 - COMPENSATION OF TRUSTEES.
Section 68-104 - UNIFORM TRUSTEES’ POWERS ACT — DEFINITIONS.
Section 68-105 - POWERS OF TRUSTEE CONFERRED BY TRUST OR BY LAW.
Section 68-106 - POWERS OF TRUSTEES CONFERRED BY THIS ACT.
Section 68-106A - FIDUCIARY DUTY TO DETERMINE EQUIVALENT VALUE OF SUBSTITUTED PROPERTY.
Section 68-109 - POWERS EXERCISABLE BY JOINT TRUSTEES — LIABILITY.
Section 68-110 - THIRD PERSONS PROTECTED IN DEALING WITH TRUSTEE.
Section 68-111 - APPLICATION OF ACT.
Section 68-112 - UNIFORMITY OF INTERPRETATION.
Section 68-115 - CONTENTS OF CERTIFICATION OF TRUST.
Section 68-117 - RELIANCE ON FACTS CONTAINED IN CERTIFICATION — ENFORCEABILITY.