55-1-24.1. Improper motive.

For purposes of §§ 55-1-24 to 55-1-45, inclusive, improper motive is demonstrated by action such as the following:

(1)    A trustee refusing to make or limiting distributions to beneficiaries other than the trustee due to the trustee's self interest when the trustee also holds a beneficial interest subject to a discretionary interest; or

(2)    A trustee making a distribution in excess of an ascertainable standard to himself or herself as beneficiary when the trustee is restricted by an ascertainable standard in the trust.

Source: SL 2008, ch 257, § 3; SL 2011, ch 212, § 31.