(1) “Governing instrument” means:
(A) A will, deed, trust instrument or agency agreement;
(B) For purposes of subdivision (1)(A), an agency agreement includes but is not limited to, any agreement under which any delegation is made, either pursuant to § 35-15-807 or by anyone holding a power or duty pursuant to chapter 15, part 12;
(2) “Trust” means any fiduciary relationship created by a governing instrument; and
(3) “Trustee” means any fiduciary as defined in § 35-15-103.
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