§2233. Instructions
A. A trustee, a beneficiary, or a settlor in an ordinary or a summary proceeding may apply to the proper court for instructions concerning the trust instrument, the interpretation of the instrument, or the administration of the trust. An order of a proper court issued pursuant to such an application shall be full authority to act in accordance thereunder, and a trustee shall be fully protected from all claims of any person who has or who may subsequently acquire an interest in the trust property.
B. A trustee may apply for instructions in ex parte proceedings. The order issued therein will protect a third party relying on the order, but will not exonerate a trustee from liability to a settlor or a beneficiary.
Notes of Decisions
St. Charles Land Trust, Achille Guibet v. St. Amant, 217 So. 2d 385 (La. 1968).
· cites it 2× “Charles Parish, applied to the Court for instructions pursuant to LSA-R.S. 9:2233. 1 They seek authority to transfer a deceased beneficiary’s interest in the trust under the order of a court of California, where the beneficiary was domiciled, without ancillary succession…”
Richards v. Richards, 408 So. 2d 1209 (La. 1982).
“R.S. 9:2233 in which all trustees and beneficiaries of the nine trusts, including the plaintiffs and defendant in this proceeding, had petitioned the court for instructions as to whether the trusts would terminate ten years after the settlor's death or at the death of the income…”
Hughes v. Burguieres, 276 So. 2d 267 (La. 1973).
· cites it 2× “See also R.S. 9:2233. [4] He has the power to incur expenses when necessary to carry out the purpose of the trust.”
Succession of McLean, 580 So. 2d 935 (La. Ct. App. 1991).
“The trial court, in oral reasons, stated that a declaratory judgment as to the issues of this rule fall within the parameters of R.S. 9:2233. The relief sought, further funding of the trust as a spendthrift trust concerns both the interpretation of the trust instrument and its…”
Succession of Stewart, 301 So. 2d 872 (La. 1974).
“Stewart Trust, hereinafter referred to as "the trust," to obtain a judicial interpretation of the trust instrument and instructions concerning the administration thereof, as authorized by R.S. 9:2233. The facts and circumstances and the attending controversy precipitating the…”
In re Dendinger, 766 So. 2d 554 (La. Ct. App. 1999).
“LSA-R.S. 9:2233(A) allows a trustee, among others, to “apply to the proper court for instructions concerning the trust instrument, the interpretation of the instrument, or the administration of the trust.”
In Re Merlin A. Abadie Inter Vivos Trust, 791 So. 2d 181 (La. Ct. App. 2001).
· cites it 3× “R.S. 9:2233 on matters which were purely within the trustee's discretion as administrator of the trust and on matters which did not concern ambiguities in the trust instrument.”
In re Mary Belsom Welsh Qualified Trust, 733 So. 2d 1254 (La. Ct. App. 1999).
“R.S. 9:2233, seeking directions from the court regarding disbursement, collection and classification of certain assets.”
In re Merlin A. Abadie Inter Vivos Trust, 699 So. 2d 457 (La. Ct. App. 1997).
“R.S. 9:2233 which provides that a trustee in an ordinary or summary proceeding may apply to the court for instructions concerning the trust, the interpretation of the trust instrument, or the administration of the trust.”
La. Rev. Stat. § 9:2233(A): 1 case
In re Dendinger, 766 So. 2d 554 (La. Ct. App. 1999).
“LSA-R.S. 9:2233(A) allows a trustee, among others, to “apply to the proper court for instructions concerning the trust instrument, the interpretation of the instrument, or the administration of the trust.”
La. Rev. Stat. § 9:2233(B): 1 case
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