(b) If the terms of a trust specify the trustee’s compensation, the trustee is entitled to be compensated as specified, but the Probate Division of the Superior Court may allow more or less compensation if: (1) the duties of the trustee are substantially different from those contemplated when the trust was created; or (2) the compensation specified by the terms of the trust would be unreasonably low or high. (c)(1) Factors for the Probate Division of the Superior Court to consider in deciding upon a trustee’s compensation shall include: (A) the size of the trust;(B) the nature and number of the assets;(C) the results obtained;(D) the time and responsibility required;(E) the expertise required;(F) any management or sale of real property or closely held business interests;(G) any involvement in litigation to protect the trust property;(H) the fee customarily charged in the locality for similar services;(I) the experience, reputation, and ability of the person performing the services;(J) the effect that o protect the trust property;(H) the fee customarily charged in the locality for similar services;(I) the experience, reputation, and ability of the person performing the services;(J) the effect that the particular employment may have on the ability of the person employed to engage in other employment; (K) the time limitations imposed by the trustee or by the circumstances; and(L) other relevant factors.(2) The order of the factors in this subsection does not imply their relative importance. (Added 2009, No. 20, § 1; amended 2009, No. 154 (Adj. Sess.), § 236, eff. February 1, 2011.)
Vermont Legal Code