Compensation of Testamentary Trustee; Apportionment Among Trustees

(a)If the will contains provisions for a testamentary trustee’s compensation, such trustee shall be entitled to be compensated in accordance therewith. Upon proper showing, the Superior Court may in the decree of distribution or thereafter fix or allow greater compensation than could be allowed under the provisions of the will

(1)where the duties of the trustee are substantially greater than those contemplated by the testator at the time of the execution of the will, or

(2)where the compensation in accordance with the provisions in the will would be inequitable or unreasonably low, or

(3)in other extraordinary circumstances calling for equitable relief.

(b)If the will does not specify a trustee’s compensation, the trustee shall be entitled to such compensation as may be reasonable under the circumstances and the Superior Court may, in the decree of distribution or thereafter, determine such reasonable compensation and, in its discretion, fix or allow a periodic compensation for the trustee or trustees, to continue as long as the Superior Court may deem proper. Unless the will provides or the trustees agree otherwise, if there are two or more trustees, the compensation shall be apportioned among the trustees according to the services rendered by them respectively. On settlement of each account the Superior Court shall allow the testamentary trustee his proper expenses and compensation for services as provided herein.