Iowa Code 633A.6308 – Nonjudicial settlement agreements
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Terms Used In Iowa Code 633A.6308
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Trustee: A person or institution holding and administering property in trust.
633A.6308 Nonjudicial settlement agreements.
1. For purposes of this part, “”interested persons”” means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.
2. Except as otherwise provided in subsection 3, or as to a modification or termination of a trust under § 633A.2203, interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.
3. A nonjudicial settlement is valid only to the extent the settlement does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this trust code or other applicable law.
4. Matters that may be resolved by a nonjudicial settlement agreement include any of the following:
a. The interpretation or construction of the terms of the trust.
b. The approval of a trustee‘s report or accounting.
c. Direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power.
d. The resignation or appointment of a trustee and the determination of a trustee’s compensation.
e. The transfer of a trust’s principal place of administration.
f. The liability of a trustee for an action relating to the trust.
5. Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation provided was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.
2003 Acts, ch 95, §22
CS2003, §633.6308
2005 Acts, ch 38, §54, 55
CS2005, §633A.6308
1. For purposes of this part, “”interested persons”” means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.
2. Except as otherwise provided in subsection 3, or as to a modification or termination of a trust under § 633A.2203, interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.
3. A nonjudicial settlement is valid only to the extent the settlement does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this trust code or other applicable law.
4. Matters that may be resolved by a nonjudicial settlement agreement include any of the following:
a. The interpretation or construction of the terms of the trust.
b. The approval of a trustee‘s report or accounting.
c. Direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power.
d. The resignation or appointment of a trustee and the determination of a trustee’s compensation.
e. The transfer of a trust’s principal place of administration.
f. The liability of a trustee for an action relating to the trust.
5. Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation provided was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.
2003 Acts, ch 95, §22
CS2003, §633.6308
2005 Acts, ch 38, §54, 55
CS2005, §633A.6308