Florida § 736.1411 No duty to monitor, inform, or advise

Florida Statutes

§ 736.1411 — No duty to monitor, inform, or advise

Florida § 736.1411

TitleXLII

Ch. 736FLORIDA TRUST CODE

This text of Florida § 736.1411 (No duty to monitor, inform, or advise) is published on Counsel Stack Legal Research, covering Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fla. Stat. § 736.1411 (2026).

Text

(1)Notwithstanding s. 736.1409(1), relating to the duty of a directed trustee to take reasonable action when directed and to the release of liability for such action, unless the terms of a trust provide otherwise:

(a)A trustee does not have a duty to: 1. Monitor a trust director; or 2. Inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently from the trust director.

(b)By taking an action described in paragraph (a), a trustee does not assume the duty excluded by paragraph (a).

(2)Notwithstanding s. 736.1408(1), relating to the fiduciary duty of a trust director, unless the terms of a trust provide otherwise:

(a)A trust director does not have a duty to: 1. Monitor a trustee or another trust dir

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(1) Notwithstanding s. 736.1409(1), relating to the duty of a directed trustee to take reasonable action when directed and to the release of liability for such action, unless the terms of a trust provide otherwise: (a) A trustee does not have a duty to: 1. Monitor a trust director; or 2. Inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently from the trust director. (b) By taking an action described in paragraph (a), a trustee does not assume the duty excluded by paragraph (a).

(2) Notwithstanding s. 736.1408(1), relating to the fiduciary duty of a trust director, unless the terms of a trust provide otherwise: (a) A trust director does not have a duty to: 1. Monitor a trustee or another trust director; or 2. Inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the trust director might have acted differently from a trustee or another trust director. (b) By taking an action described in paragraph (a), a trust director does not assume the duty excluded by paragraph (a).