District of Columbia § 19-2109 Duty and liability of directed trustee

District of Columbia Statutes

§ 19-2109 — Duty and liability of directed trustee

District of Columbia·Title 19 Descent, Distribution, and Trusts. [Enacted title]·Ch. 21 Uniform Directed Trust Code.

(a)Subject to subsection (b) of this section, a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under § 19-2106(b)(1) , and the trustee is not liable for the action.

(b)A directed trustee shall not comply with a trust director's exercise or nonexercise of a power of direction or further power under § 19-2106(b)(1) to the extent that by complying the trustee would engage in willful misconduct.

(c)An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:

(1)The breach involved the trustee's or other director's willful misconduct;

(2)The release was induced by improper conduc

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(a) Subject to subsection (b) of this section, a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under § 19-2106(b)(1) , and the trustee is not liable for the action.

(b) A directed trustee shall not comply with a trust director's exercise or nonexercise of a power of direction or further power under § 19-2106(b)(1) to the extent that by complying the trustee would engage in willful misconduct.

(c) An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:

(1) The breach involved the trustee's or other director's willful misconduct;

(2) The release was induced by improper conduct of the trustee or other director in procuring the release; or

(3) At the time of the release, the director did not know the material facts relating to the breach.

(d) A directed trustee that has reasonable doubt about its duty under this section may petition the Superior Court of the District of Columbia for instructions.

(e) The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.

District of Columbia § 19-2109 (Duty and liability of directed trustee) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.