NRS 164.940
Nonjudicial settlement agreements: Enforceability

  • when void
  • matters that may be resolved.

1.

Except as otherwise provided in this section, a settlement agreement entered into by all indispensable parties, as described in subsection 1 of NRS 164.942 is enforceable with respect to the administration of a trust without approval by the court, as defined in NRS 132.116.

2.

A nonjudicial settlement agreement is void to the extent it violates a material purpose of the trust and to the extent it includes terms and conditions that could not be properly approved by the court, as defined in NRS 132.116, under the law governing the trust instrument.

3.

Matters that may be resolved by a nonjudicial settlement agreement include, without limitation:

(a)

The investment or use of trust assets;

(b)

The lending or borrowing of money;

(c)

The addition, deletion or modification of a term or condition of the trust;

(d)

The interpretation or construction of a term of the trust;

(e)

The designation or transfer of the principal place of administration of the trust;

(f)

The approval of a trustee’s report or accounting;

(g)

The choice of law governing the construction of the trust instrument or administration of the trust, or both;

(h)

Direction to a trustee to perform or refrain from performing a particular act;

(i)

The granting of any necessary or desirable power to a trustee;

(j)

The resignation or appointment of a trustee and the determination of a trustee’s compensation;

(k)

The merger or division of trusts;

(l)

The granting of approval or authority, for a trustee to make charitable gifts from a noncharitable trust;

(m)

The transfer of a trust’s principal place of administration;

(n)

Negating the liability of a trustee for an action relating to the trust and providing indemnification therefor; and

(o)

The termination of the trust.

Source: Section 164.940 — Nonjudicial settlement agreements: Enforceability; when void; matters that may be resolved., https://www.­leg.­state.­nv.­us/NRS/NRS-164.­html#NRS164Sec940.

Last Updated

Jun. 24, 2021

§ 164.940’s source at nv​.us