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Idaho Code § 68-108

Power of court to permit deviation or to approve transactions involving conflict of interest

Known as the Uniform Trustees’ Powers Act

The act spans §§ 68–68 (21 sections).

Applied in 3 court decisions — leading case Taylor v. Maile (2009)

Most recently applied in Darrow v. White (June 2023)

1965, ch. 95, § 5, p. 173.

How often courts cite this section

200520102020202310
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) This act does not effect [affect] the power of a court of competent jurisdiction for cause shown and upon petition of the trustee or affected beneficiary and upon appropriate notice to the affected parties to relieve a trustee from any restrictions on his power that would otherwise be placed upon him by the trust or by this act.

(2) If the duty of the trustee and his individual interest or his interest as trustee of another trust, conflict in the exercise of a trust power, the power may be exercised only by court authorization, except as provided in sections 68-106(c)(1), (4), (6), (18), and (24)[, Idaho Code,] upon petition of the trustee. Under this section, personal profit or advantage to an affiliated or subsidiary company or association is personal profit to any corporate trustee.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.