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					                                   South Carolina General Assembly
                                       118th Session, 2009-2010

S. 940

STATUS INFORMATION

General Bill
Sponsors: Senator Hayes
Document Path: l:\council\bills\gjk\20391sd10.docx

Introduced in the Senate on January 12, 2010
Currently residing in the Senate Committee on Judiciary

Summary: Probate court


HISTORY OF LEGISLATIVE ACTIONS

    Date     Body     Action Description with journal page number
 12/9/2009   Senate   Prefiled
 12/9/2009   Senate   Referred to Committee on Judiciary
 1/12/2010   Senate   Introduced and read first time SJ-27
 1/12/2010   Senate   Referred to Committee on Judiciary SJ-27
 1/25/2010   Senate   Referred to Subcommittee: Malloy (ch), Ford, Massey, L.Martin, Mulvaney

View the latest legislative information at the LPITS web site


VERSIONS OF THIS BILL

12/9/2009
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 9                                A BILL
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11   TO AMEND SECTION 62-7-201, CODE OF LAWS OF SOUTH
12   CAROLINA, 1976, RELATING TO THE EXCLUSIVE
13   JURISDICTION OF THE PROBATE COURT REGULATING
14   PROCEEDINGS CONCERNING THE INTERNAL AFFAIRS
15   OF TRUSTS AND EXCEPTIONS TO THIS EXCLUSIVE
16   JURISDICTION, SO AS TO CORRECT A REFERENCE
17   REGARDING MATTERS WHICH MAY BE REMOVED TO
18   THE CIRCUIT COURT.
19
20   Be it enacted by the General Assembly of the State of South
21   Carolina:
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23   SECTION 1. Section 62-7-201(a) of the 1976 Code is amended to
24   read:
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26      “(a) Subject to the provisions of Section 62-1-302(c) and (d),
27   the probate court has exclusive jurisdiction of proceedings initiated
28   by interested parties concerning the internal affairs of trusts.
29   Proceedings which that may be maintained under pursuant to this
30   section are those concerning the administration and distribution of
31   trusts, the declaration of rights, and the determination of other
32   matters involving trustees and beneficiaries of trusts. These
33   include, but are not limited to, proceedings to:
34        (1) ascertain beneficiaries, determine any a question arising
35   in the administration or distribution of any a trust including
36   questions of construction of trust instruments, instruct trustees, and
37   determine the existence or nonexistence of any immunity, power,
38   privilege, duty, or right;
39        (2) review and settle interim or final accounts;
40        (3) review the propriety of employment of any a person by a
41   trustee including any an attorney, auditor, investment advisor or
42   other specialized agent or assistant, and the reasonableness of the

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 1   compensation of any a person so employed, and the reasonableness
 2   of the compensation determined by the trustee for his own
 3   services. Any A person who has received excessive compensation
 4   from a trust may be ordered to make appropriate refunds. The
 5   provisions of this section do not apply to the extent there is a
 6   contract providing for the compensation to be paid for the trustee’s
 7   services or if the trust directs otherwise; and
 8        (4) appoint or remove a trustee.”
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10   SECTION 2. This act takes effect upon approval by the Governor.
11                            ----XX----
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