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Codified Laws

55-2-22Fiduciary duty to determine that substituted property is of equivalent value.

Notwithstanding the terms of a trust instrument, if a settlor has a power to substitute property of equivalent value, a trustee has a fiduciary duty to determine that the substituted property is of equivalent value, prior to allowing the substitution.

Source: SL 2009, ch 252, § 21.