§ 18-4-25. Consolidation or division of trusts.
(a) Upon petition by a trustee, beneficiary, or any party in interest and for good cause shown, the court, after notice to all parties in interest and a hearing, may order the division of a trust into two (2) or more single trusts, or consolidate two (2) or more trusts which have either a common creator or common beneficiaries into a single trust, upon terms and conditions that it deems appropriate; provided, that it is satisfied that:
(1) Consolidation or division is not inconsistent with the intent of the creator of the trust with regard to any trust to be consolidated or divided; and
(2) Consolidation or division would be in the best interest of the beneficiaries as a whole, taking into account tax, legal, administrative, and/or other considerations and would not materially impair the respective interests of the beneficiaries as a whole.
(b) This section shall apply to all trusts whenever created, whether inter vivos or testamentary, whether created by the same or different instruments, whether created by the same or different persons, and regardless of where created or administered.
(c) This section shall not limit the right of a trustee, acting in accordance with the applicable provisions of the governing instrument, to divide or consolidate trusts.
History of Section.P.L. 1988, ch. 518, § 1.
Structure Rhode Island General Laws
Chapter 18-4 - Powers of Fiduciaries
Section 18-4-1. - Application of cy pres doctrine.
Section 18-4-2. - Powers of trustees.
Section 18-4-3. - Arbitration.
Section 18-4-4. - Power of sale.
Section 18-4-5. - Effect of trustee’s receipt.
Section 18-4-6. - Conveyance by infant trustee.
Section 18-4-7. - Disposition of money payable to infant trustee.
Section 18-4-8. - Settlement of debts and claims — Assent of court.
Section 18-4-9. - Powers of surviving fiduciaries.
Section 18-4-10. - Management powers exercised with court approval.
Section 18-4-11. - Purposes for which borrowing authorized.
Section 18-4-12. - Leases authorized.
Section 18-4-13. - Parties to management proceedings — Guardians ad litem — Costs.
Section 18-4-14. - Binding effect of authorized transactions.
Section 18-4-15. - Definitions.
Section 18-4-16. - Payments or transfers to fiduciaries — Effect of misapplication by fiduciary.
Section 18-4-17. - Transfer of negotiable instrument by fiduciary.
Section 18-4-18. - Check drawn by fiduciary payable to third person.
Section 18-4-19. - Check drawn by and payable to fiduciary.
Section 18-4-20. - Deposit in name of fiduciary.
Section 18-4-21. - Deposit in fiduciary’s personal account.
Section 18-4-22. - Administration of trusts.
Section 18-4-23. - Charitable remainder trusts.
Section 18-4-24. - Termination of small trusts.
Section 18-4-25. - Consolidation or division of trusts.
Section 18-4-26. - Powers of fiduciaries in connection with environmental laws.
Section 18-4-27. - Validity of trusts.
Section 18-4-28. - Trustee’s power to adjust.
Section 18-4-29. - Total return unitrusts — Alternative definition of income.
Section 18-4-30. - Representation by person having substantially identical interest.