Current through the 2024 Third Special Session
Section 75-12-111 - No duty to monitor, inform, or advise(1) Unless the terms of a trust provide otherwise: (a) a trustee does not have a duty to: (i) monitor a trust director; or(ii) inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the director; and(b) by taking an action described in Subsection (1)(a), a trustee does not assume the duty excluded under Subsection (1)(a).(2) Unless the terms of a trust provide otherwise: (a) a trust director does not have a duty to: (i) monitor a trustee or another trust director; or(ii) inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust director; and(b) by taking an action described in Subsection (1)(a), a trust director does not assume the duty excluded under Subsection (1)(a).Added by Chapter 153, 2019 General Session ,§ 16, eff. 5/14/2019.