The petition presents a question about trust interpretation, distribution authority, or proposed action. Court approval protects the fiduciary from later liability for acting as directed.
It requires notice to interested parties.
Alternative Names:
Instructions Petition|Petition for Direction
Why it Matters?
Advance approval converts a contestable discretionary decision into a protected one, which makes the petition the appropriate response whenever beneficiaries disagree about a proposed action or the instrument is ambiguous. The cost is delay and the expense of a noticed proceeding. Trustees facing hostile beneficiaries frequently underuse the tool, absorbing risk that court direction would eliminate.
Frequently Confused with
Related terms
Frequently asked questions
What protection does the petition provide?
When should it be used?
