§ 15-16-811 — 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) of this section, a trustee
does not assume a duty excluded by subsection (1)(a) of this section.

(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 (2)(a) of this section, a trust
director does not assume the duty excluded by subsection (2)(a) of this section.

(3) Unless the terms of a trust provide otherwise, section 15-5-1012 does not
apply to a trust director.

Legislative History

Source: L. 2019: Entire part R&RE, (SB 19-105), ch. 51, p. 171, � 1, effective August 2.